01/17/2002 08:03 AM House STA
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ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
January 17, 2002
8:03 a.m.
MEMBERS PRESENT
Representative John Coghill, Chair
Representative Jeannette James
Representative Hugh Fate
Representative Gary Stevens
Representative Peggy Wilson
Representative Joe Hayes
MEMBERS ABSENT
Representative Harry Crawford
COMMITTEE CALENDAR
HOUSE BILL NO. 285
"An Act adding a second verse to the official Alaska state
song."
- MOVED HB 285 OUT OF COMMITTEE
PREVIOUS ACTION
BILL: HB 285
SHORT TITLE:SECOND VERSE OF ALASKA'S STATE SONG
SPONSOR(S): REPRESENTATIVE(S)MORGAN
Jrn-Date Jrn-Page Action
01/14/02 1949 (H) PREFILE RELEASED 1/4/02
01/14/02 1949 (H) READ THE FIRST TIME -
REFERRALS
01/14/02 1949 (H) STA
01/16/02 1991 (H) COSPONSOR(S): STEVENS,
CHENAULT
01/17/02 (H) STA AT 8:00 AM CAPITOL 102
WITNESS REGISTER
REPRESENTATIVE CARL MORGAN
Alaska State Legislature
Capitol Building, Room 434
Juneau, Alaska 99801
POSITION STATEMENT: Testified as sponsor to HB 285.
CONNIE DAVIS
5405 Thane Road
Juneau, Alaska 99801
POSITION STATEMENT: As daughter of Carol Beery Davis, read a
part of her family history, which described how her mother came
to write the second verse for the "Alaska's Flag" song.
DOLORESA CADIENTE
Alaska Native Sisterhood
9621 Glacier Highway
Juneau, Alaska 99801
POSITION STATEMENT: Testified on behalf of Camp 2 and the Grand
Camp of Alaska Native Sisterhood in support of HB 285.
CONNIE MUNRO
120 West Ninth Street
Juneau, Alaska 99801
POSITION STATEMENT: Testified in support of HB 285.
SCOTT TAYLOR, Executive Director
University of Alaska Foundation
PO Box 755080
Fairbanks, Alaska 99775
POSITION STATEMENT: Clarified copyright issues regarding the
proposed second verse for the "Alaska's Flag" song.
PETE JOHNSON, member
Christian Labor Party of Alaska
(no address provided)
POSITION STATEMENT: Spoke in opposition to HB 285.
INDIA SPARTZ, Guest Curator for the Alaska Flag Exhibit
Alaska State Museum
395 Whittier Street
Juneau, Alaska 99801-1718
POSITION STATEMENT: Testified in support of HB 285.
ACTION NARRATIVE
TAPE 02-1, SIDE A
Number 0001
CHAIR JOHN COGHILL called the House State Affairs Standing
Committee meeting to order at 8:03 a.m. Representatives Fate,
Stevens, Wilson, Hayes, and Coghill were present at the call to
order. Representative James arrived as the meeting was in
progress.
HB 285-SECOND VERSE OF ALASKA'S STATE SONG
Number 0242
CHAIR COGHILL
CHAIR COGHILL announced that the first order of business was
HOUSE BILL NO. 285, "An Act adding a second verse to the
official Alaska state song." He introduced Charlotte Benson
Irvin and Sherry Irvin, the daughter and granddaughter,
respectively, of Benny Benson [the designer of the Alaska flag].
Number 0338
REPRESENTATIVE CARL MORGAN, Alaska State Legislature, sponsor of
HB 285, thanked the committee for scheduling the bill to be
heard. He reminded the House State Affairs Standing Committee
that the bill had been heard in the past and was being
resurrected. He expressed his belief that the present time was
the right time for bringing the bill before the legislature
again, and he told the committee that he felt honored to be the
one to do so. Representative Morgan read from the sponsor
statement [included in committee packet], which reads as
follows:
This legislation is a vehicle to officially add a
second verse, written by Carol Beery Davis, to the
Alaska state song.
"Alaska's Flag" written by Marie Drake and composed by
Elinor Dusenbury was adopted as the official state
song in 1956, and was gifted to the University of
Alaska in April 1960. Carol Beery Davis wrote the
second verse to "Alaska's Flag" and gifted the words
(protected by copyright) to the University of Alaska
Foundation in February 1987. This legislation would
allow for the gift, a second verse to "Alaska's Flag",
to be recognized and adopted as part of the official
state song as was the first verse in 1956.
Further, this legislation would recognize Carol Beery
Davis, an Alaskan pioneer and poet laureate, as the
maker of the second verse. While the official Alaska
state song recognizes and describes Alaska's flag, the
words of Davis in the second verse of "Alaska's Flag",
"A Native lad chose the Dipper's stars, For Alaska's
flag that there be no bars", provides recognition of
Bennie Benson who designed Alaska's official flag in
1927. Benny Benson described his design of the flag:
"The blue field is for the Alaska Sky and
the forget-me-not, an Alaskan flower. The
North Star is for the future of Alaska,
the most northerly in the union. The
Dipper is for the Great Bear - symbolizing
strength."
It is timely to have this second verse officially
added to the Alaska state song as 2002 marks the 75th
Anniversary of the Alaska Flag.
Additionally, it is appropriate to recognize the
contributions of all Alaskans, whether [it] was our
sourdoughs who dreamed of gold in the streams nearby
or a young native lad who saw and gave Alaska a flag
of great symbolism.
CHAIR COGHILL asked Representative Morgan if he was going to
sing the new verse for the committee.
Number 0730
REPRESENTATIVE MORGAN answered no, he wanted to see the bill
pass. He offered to answer questions, but asked the committee
to keep in mind that he was not the composer of the song and
would not attempt to interpret the words for Carol Beery Davis.
He said that trying to interpret the meaning of her words would
be like his taking "one star out of the sky and saying, 'This is
it.'"
Number 0806
CHAIR COGHILL pointed out that the verse being looked at was
gifted to the university and was copyrighted; therefore, the
committee could only vote whether or not to adopt it, but could
not amend it. He said he had considered how people could
interpret the words. He stated his own interpretation that the
words were about honoring one another, which was his intention
when signing on to the bill. Chair Coghill noted that [the
verse before the committee] was in keeping with the first verse
of the song, about being a great land. He mentioned moving [the
bill] forward.
Number 0896
REPRESENTATIVE JAMES commented that it takes a long time to make
changes. She noted, as an example, the period of time between
the abolishment of slavery and the Bill of Rights, during which
there was a struggle to come to some kind of a compromise or
solution. She said she does not necessarily feel bad that this
bill wasn't passed before, because timing is important in every
issue. She talked about the stars being aligned and the present
time being right to [pass HB 285]. Representative James stated
her support, as co-sponsor to the bill. She said she understood
there will always be people who would not be happy about
something, but often "once you go over that wall and get there,
it doesn't create the kinds of things that they think might
happen and it goes better than people anticipate." She
expressed her belief that [passing HB 285] was the right thing
to do and thanked Representative Morgan for bringing the bill
before the committee.
Number 1010
REPRESENTATIVE STEVENS said it was nice to see Charlotte [Benson
Irvin] and Sherry [Irvin] at the meeting. He told them he had
had the pleasure of knowing their father and grandfather,
respectively, who was a great man who made a wonderful
contribution. Representative Stevens concurred with the
statements made by Representative James. He said if the verse
under consideration was read carefully, there was nothing
exclusionary about it, which is what he liked about it. He
interpreted the verse as saying, "let's work together, let's get
together, let's work as Alaskans, in tandem." He expressed his
belief that AFN [Alaska Federation of Natives] supported the
bill, and he asked Representative Morgan to comment on the
amount of support around the state for making this change.
Number 1080
REPRESENTATIVE MORGAN answered that although many of the Native
organizations have not had enough time to "come up," [his staff]
has received useful information from them. He said the [Alaska
Native Sisterhood (ANS)] has backed the bill; ANS met the pre-
filing date and passed a resolution in support of the bill. He
also mentioned the Alaska Native Brotherhood (ANB).
Representative Morgan told the committee that he has received
many phone calls from other Native organizations throughout
Alaska that do want to send in resolutions of support.
Number 1153
CHAIR COGHILL noted that there were some endorsements included
in the committee packet.
Number 1216
CONNIE DAVIS, daughter of Carol Beery Davis, paraphrased her
written testimony [handout included in the committee packet] as
follows:
I would like to take just a moment to give you a quick
summary of the family history. My paternal
grandfather arrived in Juneau early in 1891 for a
short stay, ... working for the Nowell Mining Company
as a bookkeeper. With paints, brushes, and canvas, my
grandmother landed at the Juneau docks a few months
later. She planned to paint Alaskan scenery for a
month or two ... . The following year they were
married in the Log Cabin church. Their first home was
on Sixth Street. At that time it was just a trail.
And both of these people came from England.
My mother came to Juneau in 1920 to play the theater
organ for the silent movies at the Palace Theater, a
three-month, temporary job that lasted for seven
years. By that time, Marie Drake was a good friend,
the contest to choose a flag for Alaska was underway,
and my father was a member of the Final Awards
Committee to choose the flag. Mother took notes of
the events at that time. Later, she wrote that once
the design was chosen, Marie felt that the school
children of Alaska would understand the historical
event better if they had words to recite, something
like those in her head. The Territorial Commissioner
of Education gave his approval of her idea, and so the
first step towards a song was born.
When mother was approached to add a second verse to
the state song, she believed that it was important to
do so, and that her old friend, Marie, would approve.
Using the themes of unity, history, progress, and the
state's natural beauty, she carefully composed the
verse with her enduring love for Alaska. It was her
last ... gift. She was 95 years old.
Number 1381
DOLORESA CADIENTE, representing Camp 2 and the Grand Camp of
ANS, testified before the committee that she was the drafter of
the letter and resolution sent to Representative Morgan's office
from ANS Camp 2 regarding HB 285. She told the committee that
the Grand Camp was composed of 45 camps of ANB and ANS from
Seattle, Southeast Alaska, and Anchorage. The ANB Grand Camp
was organized in 1912 and the ANS followed in 1915, she said,
but did not formally organize until 1923. Ms. Cadiente
mentioned a convention held every November, where 105 voting
members congregate, including a president and three elected
delegates.
MS. CADIENTE stated her support of HB 285. She said it was a
beautiful gift to all people, for the State of Alaska. She
said: "Like prayer, it will unite us." She mentioned previous
comments by Representative James regarding helping people to
have a change of heart through training, education, or life
experiences. She expressed her belief that uniting the cultures
in the state of Alaska is a place to start. She asked that the
voices [of ANB/ANS] be heard as supporting the people of the
state and valuing the gifts each of them brings and the strength
that results.
MS. CADIENTE indicated "sister Connie Davis" and "sister Connie
Munro" as members of the ANS Camp 2. She emphasized that [ANS]
was not just a Native organization, but was an organization
where friends come to support the mission of ANB/ANS. She
welcomed "the family members of the ... second verse." Ms.
Cadiente told the committee she was pleased because another
"sister" had come forward in 1987 to bring this verse before a
committee and, once again, the issue was being heard. Referring
to a previous comment by Representative James, she stated her
belief that the time was right. She said: "This is the first
beginning of the first day of the rest of our lives, and this is
a way to demonstrate that."
Number 1570
CHAIR COGHILL expressed his belief that the whole mood of
America right now is one of reverence and honor, which has set
the mood for deciding how to continue on as a united people. He
explained one of the reasons he signed on to the bill:
I know that there may be people on any side of the
aisle who might use it as a tool to pick at each
other, but I'm hoping that what this will do is
silence them.
Number 1616
CONNIE MUNRO came before the committee and said a woman named
Edie Ebona (ph) had helped her attain the following: her GED
[general equivalency diploma]; her college degree; and a
master's degree from Alaska Pacific University, Anchorage.
Without that woman's help, Ms. Munro said she would not have
qualified for the State of Alaska's retirement program. She
mentioned "those words of sharing." She said that without the
help of the Alaskan Natives she wouldn't be where she is today.
As a 31-year resident of the state, Ms. Munro said she is
eligible to be a pioneer of Alaska. She stated that it was an
honor to belong to the ANS, which, she pointed out, was totally
integrated with "all different races," as well as having a male
judge. She said it was important that all [Alaskans] be
thankful that they live in such a wonderful state.
MS. MUNRO told the committee that Carol Beery Davis stayed up
all night to create the words to the second verse, which has
been considered for years. Back in the 1970s, Senator [Frank]
Ferguson and Representative Alvin Osterback were the "strength
behind trying to get this done." She said they were hesitant to
have a statewide contest because of the cost to the state and
because it wasn't timely. Since then, Ms. Munro noted, Senator
Ferguson was honored in Kotzebue three years ago, with a plaque
and the singing of "the song." When Ms. Munro was serving as
Director of Community Schools and Adult Education, she said, she
received requests for copies of both verses to the flag song, by
schools across the state that wanted to perform them for eighth
grade and high school graduations.
MS. MUNRO explained that the first verse had originally been a
poem and was made into a song "close to the dedication." She
said the gold of the stars represented the gold extracted from
the mountains, which is "where they were getting the money at
the time." She stated her belief that a second, third, and
fourth verse would have been written, had the words been looked
at as a song from the beginning, and said the present time was
right to [adopt the second verse]. She said: "She was a
wonderful pioneer, herself, and a very active member, and
certainly the two mesh beautifully."
MS. MUNRO told the committee she has a daughter who works for a
coal mine and formerly worked for a gold mine. She indicated
that her family was diverse, with environmentalists and miners
among its members. Ms. Munro mentioned that her ancestry was
Italian, French, and English. She listed several other ethnic
groups that had come to Alaska to work together. She said it
was a wonderful gift for her to come before the committee and
thanked its members for their support of HB 285.
Number 1903
SCOTT TAYLOR, Executive Director, University Foundation,
speaking via teleconference, told the committee that the
foundation holds the copyright to both the original "Alaska's
Flag" song and to the second verse. He offered to answer any
questions from the committee.
Number 1923
CHAIR COGHILL asked Mr. Taylor to confirm whether his previous
statement to the committee that the verse must be adopted or
rejected without amendment was correct.
MR. TAYLOR said yes.
Number 1956
REPRESENTATIVE STEVENS asked Mr. Taylor to describe what is
involved in owning the copyright to a song such as this. For
example, is it being held for the people of Alaska, does the
University of Alaska receive any payments for this, and what is
the intention of the University [of Alaska] Foundation in terms
of ownership of the copyright of this song?
Number 1976
MR. TAYLOR replied as follows:
In answer to your question, we have ... three ...
missions, or obligations, as a result of holding both
copyrights. The first obligation we have is to the
donor who donated the asset to us, to ensure that it's
used in the way that they envisioned when they gave it
to us. Our second obligation is to the people of the
state of Alaska, specifically for the first verse,
since it is part of the state's patrimony and
represents the state's song. And our last obligation
is to our own corporation, to make sure that we manage
the asset and not let it become wasted. And that
would mean in terms of a copyright - if there's any
copyright infringement.
More directly answering your question: We would
continue to do what we currently do with the first
verse, which is provide ... nonexclusive licenses to
... just about anybody who asks, to use the song for
commercial or nonprofit uses. We have a policy which
recognizes the three missions I gave you and sets out
a fee schedule for nonexclusive licenses. We use the
proceeds from those for scholarships for students.
Number 2060
REPRESENTATIVE FATE asked Mr. Taylor when each copyright would
expire.
MR. TAYLOR answered the first copyright would expire in 2015 and
is nonrenewable, having already been renewed once. He added
that there had been a recent change in the copyright law, which
may affect that decision. The copyright to the second verse, he
noted, expires 70 years from the date of the death of the
author. Although Mr. Taylor said he did not know that date, he
added that the original copyright date was 1987 and therefore
the copyright would be good until at least 2057. He concluded
that there was still sufficient time remaining on both
copyrights.
Number 2130
PETE JOHNSON, member of the Christian Labor Party of Alaska,
testified via teleconference in opposition to HB 285. He told
the committee he thought the "Alaska's Flag" song was fine the
way it was. He mentioned people with too much time on their
hands and said there are many "real" issues to address. He
pointed out that the state song may not say much about Native
[Alaskans], but neither does it say much about Vitus Bering,
missionaries, "pipeliners," or truck drivers, for instance. He
said: "The culture ... we'd like to see is the culture based on
... what the Founding Fathers of the nation put together, and
everything else is just kind of a sideshow."
MR. JOHNSON said he was born in the building in which he spoke
and was raised [in Fairbanks]. He made the distinction that his
remarks were not intended to be racist. He said he works with
and knows Alaskan Natives and doesn't "have anything over any
one of them." Mr. Johnson told the committee he did not want to
see cultures divided; conversely, "we should all work together."
He mentioned real enemies to Alaska, who want to shut down
industry in Alaska and "keep people broke." He said: "The
federal government is against us, and we've got to work together
to beat them."
Number 2243
CHAIR COGHILL commented that the building in which Mr. Johnson
spoke was the Denali Bank building in Fairbanks, which used to
be the Saint Joseph's Hospital, in which he himself was born.
He concurred with Mr. Johnson, in that he would hate to see this
issue used to divide Alaska, and he added that he would like to
see it used to bring Alaskans together and honor one another.
Chair Coghill told the committee that Mr. Johnson's concerns
were "real concerns" and told him that he appreciated hearing
them.
Number 2275
REPRESENTATIVE FATE commented that when he had first become
aware of this issue, but didn't know about the copyright, he
stated his opinion that the first two lines [of the second
verse] express it all, in their simplicity and beauty. He
added, for those who did not know him personally, that "if it
weren't for the Native people, I wouldn't have a wife, nor would
I have three children, ... nor would I have twelve
grandchildren."
REPRESENTATIVE FATE warned that this issue could cause
some friction and the committee should be on guard to
see that that doesn't occur. He added that "to make
this verse work, the way the first verse works, in its
beauty and simplicity, for a great state, we're going
to have to make it work; we're going to have to work
at it ourselves."
Number 2369
INDIA SPARTZ, Guest Curator for the Alaska Flag Exhibit, Alaska
State Museum, told the committee the name of the exhibit was
"Eight Stars of Gold: The Story of Alaska's Flag," which is not
really about the song. She explained that it was the seventy-
fifth anniversary of the flag and she was thrilled to coordinate
the exhibit. In researching the project, Ms. Spartz said she
came upon a letter written by William Paul [Alaskan Native
lawyer and legislator] in 1927, shortly after Benny Benson won
[the flag-designing] contest. She noted that the names of the
contestants were hidden from the judges so they would not be
swayed. Benny Benson was a boy from a mission and an Alaskan
Native, and he wrote [the narrative explaining what his flag
design meant]. Ms. Spartz read an excerpt [from the exhibit
booklet, included in the committee packet] of William Paul's
letter [to Benny Benson]:
You have shown that Alaskan Natives can do something.
And if we work hard enough, we can win; we can do
something to change things.
MS. SPARTZ said those words "really stuck out" in her mind. She
added that this was something that had been profound for the
Alaska Native community, at a time when, only several years
before, Native Americans had just received the right to vote.
Ms. Spartz noted that the song and the flag are unique to Alaska
- to each individual and also to the Native community. She
agreed with Representative James that "the stars have lined up,"
and she told the committee members that each of them would have
to champion [the cause] and move it forward. Ms. Spartz
expressed her belief that the second verse was needed, to honor
[Alaska's] Native people, [Alaska's] heritage, and "this
wonderful gift we have as a flag."
Number 2495
CHAIR COGHILL recognized that there will be various points of
view on this, and said [Alaska] should move towards determining
how to honor one another, rather than how to divide one another.
He said, "This is not just about Natives, and it's not just
about the non-Natives. It's about how we, as Natives and non-
Natives, work together in this great land." Chair Coghill
pointed out that Alaska has always been moving in the
aforementioned direction, but outside forces have pushed to
divide us. He informed everyone that one of the first acts of
Alaska's Second Territorial Legislature was to petition Congress
for citizenship for Alaskan Natives. That wasn't achieved until
the 1920s, just before this song was written. He remarked:
I think Alaska has always looked to try to walk
together as one people, equal people. We've just had
that struggle; that's a societywide struggle. So, our
song is meant to honor not only the great land, but
the great people. And I think this is a good
addition, if we use it that way. If it's used to
divide us, then shame on us.
REPRESENTATIVE JAMES related one of her favorite sayings:
"There's nothing wrong with disagreeing, but there's no excuse
for disrespect." She expressed the need for [Alaskans] to work
together more carefully while being more supportive of one
another.
CHAIR COGHILL read the words of the second verse of the state
song, which reads as follows:
A Native lad chose the Dipper's stars
For Alaska's flag that there be no bars
Among our cultures. Be it known
Through years the Natives' past has grown
To share life's treasures, hand in hand,
To keep Alaska our Great Land;
We love the northern, midnight sky,
The mountains, lakes, and streams nearby.
The great North Star with its steady light
Will guide all cultures, clear and bright,
With nature's flag to Alaskans dear,
The simple flag of the last frontier.
REPRESENTATIVE MORGAN thanked the committee. He then shared the
following Native prayer:
Oh, Great Spirit, please help me with my worst enemy,
which is myself.
REPRESENTATIVE MORGAN closed with some Yupik words, followed by
an English translation:
Quyana Cakneq. Taugam, Assirtuq. i-ii.
Thank you very, very much. It's OK. It's good. Yes.
Number 2807
REPRESENTATIVE WILSON moved to report HB 285 out of committee
with individual recommendations and the accompanying zero fiscal
note. There being no objection, HB 285 was reported from the
House State Affairs Standing Committee.
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 8:47
a.m.
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