Legislature(1997 - 1998)
01/20/1998 08:16 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
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+ teleconferenced
= bill was previously heard/scheduled
HB 309 - NAMING ATWOOD BLDG IN ANCHORAGE Number 0040 CHAIR JAMES announced the committee would be addressing HB 309, "An Act naming the Robert B. Atwood Building," sponsored by Representative Cowdery. Number 0050 REPRESENTATIVE JOHN COWDERY came forward to present the following sponsor statement: "HB 309 allows the state's recently acquired Bank of America Building in Anchorage to be renamed in the honor of one of Alaska's great leaders, Robert B. Atwood. "Bob Atwood lived in Alaska for over 61 years. He began his career in the newspaper business and Bob spent over 50 continuous years as publisher of The Anchorage Times. His endeavors, accomplishments and influence reached all corners of Alaska. His priorities were not focused himself, but on the bettering of the community and the state. "Atwood emerged in many facets of the state. He was instrumental in the battle for statehood. He worked hard to promote infrastructure development, not only in his community but the entire state. He tirelessly promoted the presence of the military in Alaska. Atwood was an advocate for education, promoting the Journalism and Media Departments at Alaska Pacific University and the University of Alaska. From the statehood era to present-day education, Atwood has left his mark and impression in the minds of all generations. "Some people talk about other people. Some people talk about things. Great people talk about ideas. A man full of ideas and dreams for the state he loved. Robert B. Atwood never stopped doing good for Alaska. His spirit remains. This great man, Bob Atwood, has earned the honor for a State building to hold his name." Number 0220 REPRESENTATIVE COWDERY favored passing the bill without amendments. He believed the Bank of America Building owners could be approached and asked if they would relinquish their name in honor of this bill. He said, "If they didn't, at least we could come back in the year 2002, I believe." Number 0232 LEW WILLIAMS, JR., testified via teleconference from Ketchikan. Mr. Williams read his testimony: "I began running Alaska newspapers in Wrangell in 1946. I retired as publisher of the Ketchikan Daily News in 1990 after owning and/or running newspapers in Juneau, Wrangell, Petersburg, Sitka and Ketchikan over a career of 44 years. I currently serve on the Board of Regents of the University of Alaska. "I have known Bob Atwood since 1946. And I am currently editing a history of Alaska newspapers authored by his late wife, Evangeline. "Bob Atwood was chairman of the Alaska Statehood Committee in the 1950s which successfully lobbied for the legislation that created the State of Alaska. For that reason alone, there's justification for naming the building at 550 West Seventh Avenue, Anchorage, for the man. We already have named state facilities for other prominent fighters for Alaska statehood such as Gruening, Bartlett, and Egan. And it's appropriate to commemorate Atwood's contribution. "In addition, Atwood was a major contributor to the economy and to education in Alaska. He editorially supported development of resources and made a school of journalism and communications at the University of Alaska, Anchorage possible with his annual endowments of $50,00 to $100,000 a year in the past 17 years. "He similarly contributed to Alaska Pacific University, was one of its founders, and served on its board of trustees. He also supported other public and private organizations for the benefit of the entire state and his community. "He was one of the founders, with this retired publisher of the Alaska Newspaper Association, in an effort to improve newspaper performance in Alaska. He was recognized nationally as a leader in the newspaper field by his service as a judge for the Pulitzer Prizes and as an officer in various national newspaper organizations. "Although the newspapers I operated may have disagreed with Atwood and his Anchorage Times on Alaska issues, on occasions we agreed most of the time. And I have always found Atwood a true Alaska pioneer and Alaska promoter. And unlike some who made their fortune in the state and left, Atwood maintained his home in Alaska and continued to contribute to the betterment of the state after he retired from the newspaper business. His estate still contributes to Alaska's universities. "Renaming the Bank of America Building in Anchorage the Robert B. Atwood Building is very appropriate." Number 0487 KATIE HURLEY testified via teleconference. She presented her statement: "I spent 12 years in the office of Governor Gruening. I am proud to come before you to tell you what I know of Robert B. Atwood's contribution to Alaska. When Ernest Gruening became Governor in 1939 he was 52; he joined Bob Bartlett, 35 who was Secretary of Alaska (the same as Lieutenant Governor). Robert Atwood was 32 and the publisher and editor of the Anchorage Times. These three men with their background of working journalism became friends and enthusiastic advocates for Alaska and worked together in cause for statehood. These three men when they were together made work exciting; they were full of ideas and visions. Of course, they didn't always agree, but in my memory they never disagreed in public. In those early years, Gruening had plenty of critics, but Bob Atwood saw the leadership he was providing and gave his programs editorial support. Often having to endure the wrath of the opposition as a result. "The 1945 legislature called for a referendum on statehood at the next election. At the time there were only two newspapers reporting the statehood cause - the Anchorage Times and the Ketchikan Chronicle. On October 8, 1946 the vote was 9,630 for and 6,822 against. Bob Atwood's strong support was the key to that victory. Chambers of Commerce were opposed; the absentee fishing interests were against it. Parenthetically, it was not until Bill Snedden bought the Fairbanks News Miner in 1954 that that paper came out in support of statehood now. "In 1949, former Governor Gruening urged the legislature to act affirmatively to hasten statehood. In early March, with three weeks left in the 90-day session, legislation was introduced to create the Alaska Statehood Committee. Eleven members, no more than six of them of the same political party. It passed the Senate with one dissenting vote and the House with two dissenting votes and one absent. Robert Atwood was one of the 11 appointed by Gruening. He was elected chairman and took the job seriously. He served as chairman until statehood was achieved in 1959 when the committee dissolved in accordance with the law. "In 1950, Delegate Bartlett's statehood bill was passed by the House of Representatives. The fight became real. Bob Atwood was tireless and dedicated in leading the committee, testifying along with many other Alaskans, gathering and publishing facts, traveling, all put on his own dime, to further the cause. Everyone was frugal in those days; long distance calls were a luxury; people wrote long letters; sent telegrams in emergencies. Atwood supported editorially the passage of an income tax and other progressive taxes. 'It was important to show Washington, D.C. we have the ability to govern ourselves,' he said. "In 1995, when the legislature called for a constitutional convention, the work of the Statehood Committee became intense. Through Atwood's fine leadership, an amazing amount of research and planning took place in those few months, April through November when the convened. Looking back it seems unbelievable -- all accomplished with telephones, typewriters, carbon paper and mimeograph machines. But we did have leaders like Robert B. Atwood. "On January 3, 1984, at the celebration of the twenty-fifth anniversary of statehood at the University of Alaska, the 55 delegates and 6 others were honored as founders of statehood. Three posthumously - Bartlett, Gruening, and Diamond. Robert B. Atwood was one of the six and the only Alaskan who was not an elected official." Number 0789 KEITH GERKEN, Architect, Division of General Services, Department of Administration, stated, "We have no problem with the legislature, we simply want to point out that there is a specific lease provision between the state and the Bank of America Corporation that requires the building to be named the Bank of America Building for the term of that lease. That's a contractual obligation that the state inherited when the state bought the building last July. It was a provision that was negotiated previously with the (indisc.) of the Equitable Life Insurance Company and the bank - back in I believe in 1993. Therefore, (indisc.) the building leases and their provision are incumbent upon the state. So, it is our belief that, until the Bank of America lease is terminated, or expires in 2002, that we will not be able to change that name; at least without the Bank of America's preparation of agreement. We've had no specific discussion with them about that, but it is our impression that they believe there is some economic value in that that they would attach to having their name on the building." Number 0870 UNIDENTIFIED SPEAKER said, "As the sponsor mentioned, 2002 would be when that provision would naturally expire unless their corporation chooses to move out sooner. We proposed that amendment of the bill would be acknowledging the existence of that lease provision so that it would be clear that that is good." Number 0894 REPRESENTATIVE ETHAN BERKOWITZ asked if the Bank of America believed there is good will attached to having the bank name out in public on a regular basis. Number 0910 MR. GERKEN responded he was not sure. He stated, "We did not have specific discussions with them about what they would want to change the name. When we talked to them last summer about their lease, they modified their use of the building - they reduced their space in the building since last summer. During those conversations we raised the issue about, 'Would you be willing to eliminate that provision about the naming of the building?' And, they said, 'Yes, for some money.' And so we took it no further than that." Number 0941 REPRESENTATIVE BERKOWITZ suggested they convey there is good bipartisan cross section of the community whose goodwill toward the Bank of America would be affected by this in this regard. He said he would be happy to convey that message. Number 0951 REPRESENTATIVE KIM ELTON asked what happens if we pass the law as drafted - saying that we changed the name. It would appear to me that if we do that that the Bank of America could have an action against the state by saying, "You're violating - the legislature by enacting this law renaming the building has violated a portion of our lease or our contract agreement." He indicated they may be subject to a legal action. Representative Elton asked if that was an appropriate interpretation? Number 0989 MR. GERKEN responded he probably could not answer that. It was his impression that contract law takes precedence. And if the bill passed and became law, before they could change the name of the building, they would look into that. He said, "Because we wouldn't want to do it - cause the state to have action against it. My assumption is that if the bill passes it is - and if the state attorneys would say that the contract and lease has precedence, that you cannot override that contract with this piece of legislation that we would not formally change the name until that lease expired or was terminated." Number 1030 REPRESENTATIVE ELTON acknowledged, which means then that your department would be operating in violation of the law. Number 1040 MR. GERKEN responded, it's important for the contract - and which takes precedence is something the Department of Law would have to define. Number 1046 CHAIR JAMES indicated there are a lot of laws that are put on the books that are not implemented because regulations aren't drafted. She said, "It appears to me that based on the statement by Representative Cowdery, that we could do this and the contract law would be superseding it - and then whenever it's available, two-way if possible, (indisc.) should have a conversation with the Bank of America Building and get their permission, or the other is to wait until the rent - lease is over and at which time this then would become effective. It seems to me we can't do something if there is an impairment there. But I don't think that discourages the interest of this statute. Would you concur with those statements." Number 1093 MR. GERKEN replied in the affirmative. They would either come to an agreement with the Bank of America to delete that provision to name the building, or would wait until their lease expired. Number 1111 REPRESENTATIVE COWDERY stressed there is no effective date on the bill. He said, "That's why I mentioned the year 2002 as a possibility - if we can't get it changed. I don't think there would be any violations anyplace - to the bill I have written." Number 1135 REPRESENTATIVE ELTON stated his impression is, if a bill has no effective date, that the effective date is 90 days after it is signed. Number 1142 CHAIR JAMES agreed. She stated had they put in an effective date it might have had a little more thrust. She said, "Because we're not the only ones that has something to say about this building we can only say what we as a state want to do about it. And if there is another party that has an interest, we have to agree to that. We don't have 100 percent control." Number 1175 REPRESENTATIVE DYSON asked Representative Cowdery if he had an objection to this proposed amendment being attached to Section 1 of the bill. Number 1197 REPRESENTATIVE COWDERY was opposed to amendments at that time. He believed the Bank of America was approachable. He said, "Talk to them before we make amendments or things like this. My hope and impression the bill will become (indisc.) in the year 2002...." Number 1235 REPRESENTATIVE DYSON stated, "If you had been open to this, I would have suggested adding the phrase 'or negotiated settlement to the proposed language here.' But, if you don't want to add the amendment, that's fine." CHAIR JAMES repeated Representative Berkowitz's statement, we do have some stock in this issue. Number 1268 REPRESENTATIVE ELTON said, "A question of Representative Cowdery talking about an amendment that isn't before us, and I don't know if you're more comfortable if I move the [proposed] amendment so we can talk about it." Number 1278 CHAIR JAMES responded she was not comfortable with it. Number 1289 REPRESENTATIVE ELTON indicated he remained a little uncomfortable and wanted to address the [proposed] amendment with Representative Cowdery. Number 1290 CHAIR JAMES said she believed they waived to talk about the [proposed] amendment because it had not been moved forward. Number 1291 REPRESENTATIVE ELTON explained the [proposed] amendment allows two things to happen. One, it gives legal authority to a negotiation with the former owners - because it allow for the termination of that signage language. And it is accomplishes, legally in law, that it becomes effective 90 days after the bill is signed - if passed. He indicated it accomplishes what the sponsor wants to accomplish. That the name of the building would change in the year 2002. Representative Elton believed without the amendment they may be putting themselves in the awkward position of creating a law that can't be enforced because of a contract provision. Number 1357 REPRESENTATIVE ELTON continued, "The other thing it could do is, if people stared calling the building the Atwood Building, it seems to me it could - that law - on it's face gives an action by the former owner against the state. So I think that we accomplish what you want to accomplish and we protect ourselves through the adoption of the amendment." Number 1365 REPRESENTATIVE COWDERY believed it could be approached within the next 90 days by the legislature, or the state, as well as individuals who support the Bank of America. Number 1386 CHAIR JAMES indicated is was the first committee of referral and asked what the next committee of referral is. Number 1392 REPRESENTATIVE COWDERY said he believes the Senate has a similar bill that would be heard later that day. He pointed out there wouldn't be a fiscal impact unless an amendment was added which could be possible. Number 1438 REPRESENTATIVE BERKOWITZ suggested they hold HB 309 to give the sponsor an opportunity to speak with the former owners of Bank of America. He said maybe they would see fit to recognize Mr. Atwood's efforts on their behalf. Number 1452 MR. COWDERY replied that he preferred not to hold the bill in committee. Number 1460 CHAIR JAMES stated she supports moving the bill out of committee in its current form. Number 1490 REPRESENTATIVE BERKOWITZ said he understands Chair James' desire to move the bill and there's probably not much he can do to impede its progress. Representative Berkowitz pointed out that he believes the bill proccess should be clean and he'd feel more comfortable knowing what Bank of America has to say. Number 1516 CHAIR JAMES stated they would all like to know what the Bank of America would say. She said if there is an opportunity for Representative Cowdery to get his bill to the Senate before the Senate bill gets to the House, she would like to help him out. Number 1550 REPRESENTATIVE ELTON jokingly said, "I want to beat the Senate too, and I want to do it in a manner that I feel comfortable with and that is clean and that nobody can come back and point fingers and say in our haste we overlooked a couple of things. In light of that, I move Amendment 1." Number 1588 REPRESENTATIVE ELTON concluded, "This allows us to continue the discussion with Bank of America so we don't need to have them today, and it allows for the name to change at the expiration of the term of the lease. So, with that, I'd encourage members to vote in favor of the amendment so that we can beat the other side." Number 1602 REPRESENTATIVE BERKOWITZ pointed out the [proposed] amendment would give the legislature the opportunity to retract it by the time it gets to the floor, if it proves unnecessary. Number 1618 REPRESENTATIVE COWDERY indicated the bill would be heard in the House Rules Committee before it goes to the floor. Number 1630 REPRESENTATIVE IVAN stated it was just a matter of timing. He believed the committee as a whole would consider any change(s), if necessary, on the floor. He said it's just technical matters that that they were dealing with and didn't believe it was controversial. Number 1658 CHAIR JAMES asked if there was objection of advancing the proposed amendment. A vote was taken on the following amendment: Section 1 is amended to read: Sec.35.40.110. Robert B. Atwood Building. The state office building at 550 West Seventh Avenue in Anchorage is named the Robert B. Atwood Building [.] subject to the termination or expiration of existing name and signage provisions contained in the lease between the Bank of America and the State of Alaska. Representatives: Dyson, Ivan and James voted no. Representatives: Berkowitz and Elton voted to pass the amendment. The motion failed. Number 1709 WILLIAM TOBIN, Editor, The Voice of the Times testified via teleconference from Anchorage: "I am Bill Tobin, and editor of the The Voice of the Times - and for some 30 years an editor and an executive of the old Anchorage Times. Prior to that I was for more than 17 years a newsman, correspondent, regional executive and bureau chief for the Associated Press - including a four-year assignment in Juneau that spanned the last two years of Alaska's territorial history and the first two years of statehood. "As such, my friendship with Bob Atwood dates to my arrival in Alaska in 1956 - and includes, of course, not only those 30 years as his colleague at The Times but also a continued close friendship after his sale of The Times and until his death a year ago. "I am very grateful to members of the legislature for their consideration of this bill to name in his honor the new state office building in Anchorage. "In my view, it would be a fitting tribute to a great Alaskan - and prove for generations yet to come a continuing reminder of the men and women whose courage and dedication and relentless belief in Alaska's future made statehood possible. "I came to the territory when the battle for statehood was still being waged - here at home, in Washington, and across the land. I was privileged to come to know all of those who were in the front ranks of the battle. That included, of course: Atwood, Bartlett, Egan, Gruening, Snedden and many others of their stature. "As an editor and publisher of The Times, Bob Atwood's editorials fired the furnace of the statehood engine. As chairman of the Alaska Statehood Committee, he was the organizer, the planner, the fund-raiser, the chief executive officer for the whole campaign. He led countless trips to Washington [D.C.], lobbying Congress and developing the eventual successful strategy that produced that great day when The Times proclaimed in a giant-size headline: 'We're In.' "For that alone, Bob Atwood is deserving of the lasting honor that would be bestowed by enactment of this bill. "But Bob Atwood did more. He was a builder, a visionary, a prophet when it came to the future of Alaska and Anchorage. "Bob Atwood's 60 years in Alaska will be recognized by generations to come as one of the most remarkable eras in the state's history. "We would not be where we are today without the efforts of Bob Atwood, Bill Egan, Ernest Gruening, Bob Bartlett and other pioneer leaders of their day. All of them respected Bob Atwood, were devoted to him, recognized him as a leader, and walked the trail that he carved toward the future. "Putting his name on the state's newest office building, in the heart of the city he loved and served, is the right and proper thing to do." Number 1847 FULLER COWELL, publisher of the Anchorage Daily News, testified via teleconference from Anchorage. He said, "Thank you for this opportunity to add my voice with those of (indisc.) in favor of renaming the Bank of America Building in honor of publisher Bob Atwood. As a young apprentice press (indisc.) in Fairbanks, I watched Bob Atwood demonstrate his dedication to journalism and confidence in Alaska's economy by installing the first multi- million dollar metro-sized off-set newspaper press in Alaska back in 1969. As the young publisher of the Cordova Times, back in the mid 1970s, I benefited from Bob Atwood's generosity by coming to Anchorage to listen to world class journalism by Benjamin Bradley, editor of the Washington Post. These seminars were funded primarily through contribution from Mr. Atwood's Anchorage Times.' Over the years hundreds of inspiring young Alaskan journalists have had exposure to some of America's best. Contemporary journalist, through his funding of The Atwood Chair of Journalism at the University of Alaska Anchorage. Finally, for the record I would like to send a copy of last Saturday's editorial in the Anchorage Daily News supporting the legislation to honor Mr. Atwood in this fashion. Mr. Atwood moved large for Alaska's history. It is altogether fitting that the state building which moved large on Anchorage's skyline should be named in his honor." Number 1928 GLORIA ALLEN, Music Teacher; Theater Producer; Arts Activist, testified via teleconference from Anchorage. She stated, "I met Bob 22 years ago and he was a very very special friend. He'll be remembered for his many contributions to our community. But his contributions to the arts was extraordinary. With his wife Evangeline he either helped start, or certainly continued to help maintain many of the arts organizations. Supporting them throughout his life to the very end. His loyal support, as well as his financial support was enormous. He was always there for those of us troubling in the arts. Without his influence and support many arts organizations would not have survived. And he certainly helped establish his standard of excellence for the arts during his (indisc.) in Anchorage. He made it possible for people like myself to remain active in the arts in Alaska and always saw to it that the local artists were given appropriate attention in his newspaper The Anchorage Times. He was a great community spirited person, he remained involved until the end of his life with the Chamber of Commerce, his rotary, his military community. And I can think of no one more deserving for such an honor than Robert Atwood (indisc.) Alaska." Number 2004 VIC FISCHER, testified via teleconference from Anchorage. He presented the following statement: "I'm testifying on behalf of three living Anchorage delegates to the Alaska Constitutional Convention, each of whom also served in the Alaska territorial legislature: Seaborn J. Buckalew, Jr., Steve McCutcheon, and myself, Victor Fischer. The three of us enthusiastically support naming the new building for Bob Atwood. "As you know, the state constitution was written as part of Alaska's fight for statehood. And as others have pointed out, statehood was Bob Atwood's biggest cause. There was not one person who so fervently and outspokenly argued for statehood as Bob Atwood. As a individual, as a publisher, and as chairman of the official Alaska Statehood Committee, Atwood devoted endless energy to bringing self-governance to Alaska. He fully deserves to be remembered and honored for this tremendous contribution to Alaska. "Statehood was an overriding, nonpartisan goal, and the fight was waged together, on a completely bipartisan basis. Bob Atwood, a Republican, worked shoulder to shoulder with Democrats Bob Bartlett, Alaska's Delegate to Congress, and Ernest Gruening, our Territorial Governor, in providing the leadership and drive for statehood, in which each of us participated. It was a long, tough battle, and was glorious when we finally did become a state. Bob Atwood was there all the way. "In Addition to acknowledging Bob Atwood's contribution to statehood and his total dedication to Anchorage, Steve McCutcheon, Judge Buckalew, and I also considered Bob Atwood a good friend. We were sad when he left us, but we will be glad to see his name emblazoned on Anchorage's state office building." Number 2082 LEE GORSUCH, Chancellor, University of Alaska, Anchorage, testified via teleconference from Anchorage. "I'm the chancellor of the University of Alaska, Anchorage, but am appearing here this morning as a citizen of Alaska and a resident of Anchorage. (Indisc.) generally reserves the opportunity of moralizing it's great achievements and large city virtues by using the occasions of statutes and buildings as a way of memorializing those achievements and virtues. It's a very customary practice, therefore, I think the consideration under HB 309 is quite appropriate. "While Bob has not been one known as an elected official, none the less, he did dedicate his life and his profession to the advancements of societies overall good. As others who have already testified and indicated, his contributions to Alaska statehood are perhaps unparalleled. His life has also been characterized by those who appreciate the civic virtues of love of country, of valor, courage and commitment. All of which Bob personified. "About two years ago we had the opportunity at the university of providing a (indisc. - noise) celebrating the life and contribution of Bob Atwood while he was still alive. And during that time I had the opportunity to say a few words to Bob. He physically was a big man, he had big ideas, and big dreams. He came to Alaska and made big contributions. He was successful in building a big wallet. But because he had a big heart he also gave big contributions, not the least of which were to the University of Alaska, Anchorage, as Fuller Cowell just described in creating the Robert Atwood chair of journalism which brings distinguished journalists to the state of Alaska to prepare our students who wish to carry on the mantel of profession of first class journalism. For those of us who know Bob there is a tinge of irony that the state office building would carry his name since bureaucracy was often times the subject of his criticism and not serving the public interest better. While that tinge of irony is - brings a (indisc.) smile to all of us who know Bob well, my personal view is that actually gets to the yin and yang of life. That there is a need to bring a balance in our views to the social realities that we each confront. I strongly encourage and support your favorable consideration of HB 309. It serves societies purpose, it's not simply in honor of Bob but it's an honor of the civic virtues and his great contributions to the state of Alaska." Number 2211 CHAIR JAMES urged the sponsor to diligently search for answers to the questions that were discussed that morning and indicated solutions could be addressed in the House Rules Committee. Number 2234 REPRESENTATIVE ELTON urged support of the bill. He noted, for the record, "I found it interesting that the people who testified - most of the people who testified in favor of this bill and this honor for Robert Atwood are probably deserving of having a building named after themselves also. So, I don't think we're going to have a problem with this bill. But, I wanted to put it on the record that I don't think we've had a much longer, or more distinguished list of people testifying (indisc.) in front of this committee." Number 2267 REPRESENTATIVE BERKOWITZ made a motion to move HB 309 out of committee with individual recommendations. There being no objection, HB 309 was moved from the House State Affairs Standing Committee.
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