Legislature(2009 - 2010)CAPITOL 106
03/30/2010 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Overview(s): Division of Elections | |
| SB43 | |
| HB241 | |
| HB128|| HCR8 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 43 | TELECONFERENCED | |
| += | HB 241 | TELECONFERENCED | |
| += | HB 128 | TELECONFERENCED | |
| += | HCR 8 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 43-SECOND VERSE OF ALASKA'S STATE SONG
8:45:23 AM
CHAIR LYNN announced that the next order of business was SENATE
BILL NO. 43, "An Act adding a second verse to the official
Alaska state song."
8:46:14 AM
REPRESENTATIVE SEATON moved to adopt the House committee
substitute (HCS) for SB 43, Version 26-LS0259\R, Bullard,
3/29/10, as a work draft.
8:46:24 AM
REPRESENTATIVE PETERSEN objected for discussion purposes.
8:46:30 AM
SENATOR LINDA MENARD, Alaska State Legislature, as sponsor,
explained the proposed changes in Version 26-LS0259\R, Bullard,
3/29/10. She said there are three small changes, which are
proposed in response to concerns about copyright infringement in
language in the second verse of the song, "Alaska's Flag." She
directed attention to Section 1, beginning on line 5, where "to
the first verse" was added to clarify that the first verse of
the song was composed by [Marie Drake], and the phrase "and
words to the second verse by Carol Beery Davis" was added. She
noted that beginning on page 2, line 7, "multiple words and
punctuations have been changed to more accurately reflect the
copyright's version of the second verse of the Alaska's Flag
song." She explained that these changes were made to correct
oversights made by the bill drafters at the bill's conception.
SENATOR MENARD directed attention to Section 2, on page 2, lines
19-22, which read as follows:
*Sec.2. AS 44.09.040 is amended by adding a new
subsection to read:
(b) A copy of "Alaska's Flag" produced for
public use must have the following attribution and
notice: "copyright University of Alaska Foundation,
nonprofit use permitted, all other rights reserved."
SENATOR MENARD then reviewed each punctuation change [provided
in a handout in the committee packet] to the second verse, the
result of which is that the second verse, on page 2, lines 7-18,
of Version R, read as follows:
A Native lad chose the Dipper's stars
For Alaska's flag that there be no bars
Among our culture. Let it be known
Through years the Native's 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.
8:48:30 AM
REPRESENTATIVE P. WILSON directed attention to the phrasing of
the second verse, on page 2, line 9, and said she is not sure
how the phrasing fits with the music, because it ends "in the
middle."
CHAIR LYNN responded that it is common in poetry for a sentence
to end in the middle of a line.
REPRESENTATIVE P. WILSON said she knows that, but questioned how
it would be sung.
8:49:50 AM
REPRESENTATIVE GATTO asked if there is a difference between the
word "native" and the term "Alaska Native."
8:50:00 AM
SENATOR MENARD said she does not believe there is.
REPRESENTATIVE GATTO said his children were born in Alaska,
thus, they are native Alaskan; however, they are not Alaska
Native. He said he does not see the distinction made in the
proposed legislation.
8:50:42 AM
SENATOR MENARD said this would be an argument about semantics.
Notwithstanding that, she said considering the date the verse
was written, the term Natives refers to Alaska Natives.
CHAIR LYNN said the controversy over the term Native American
has existed for years, but is "probably outside the scope of
this particular bill."
8:51:52 AM
REPRESENTATIVE GATTO said he disagrees. He said the sponsor's
intent was not to honor "her children, or my children, or your
children." He asked whose children the sponsor did intend to
honor.
SENATOR MENARD stated that her intent is to not get into a
debate.
REPRESENTATIVE GATTO opined, "This is the place for debate."
8:52:22 AM
REPRESENTATIVE GRUENBERG said he would impose a point of order
to state that Representative Gatto is harassing the witness.
REPRESENTATIVE GATTO objected to the point of order.
8:52:30 AM
The committee took an at-ease from 8:52:31 AM to 8:53:00 AM.
8:53:50 AM
CHAIR LYNN relayed that in House Records' minutes, a lower case
"n" is used to distinguish a person born in Alaska but not
Alaska Native, and a capital "N" is used to distinguish a person
of Native descent in Alaska.
REPRESENTATIVE GATTO said he had not heard of that before.
8:54:01 AM
REPRESENTATIVE JOHNSON directed attention to Section 2 and asked
if it is a new section. He said he wants to know if he was to
hand out the words to Alaska's Flag, and he did so not as part
of a nonprofit affiliation, then he would be violating a
copyright.
8:54:28 AM
SENATOR MENARD answered no. She offered her understanding that
after 20 years, the copyright "pretty much goes away." She
said, "This was 1987, so we've had the twenty years go by."
8:55:33 AM
ALPHEUS BULLARD, Attorney, Legislative Legal Counsel,
Legislative Legal and Research Services, Legislative Affairs
Agency, in response to Representative Johnson's question, said
he thinks if the handout Representative Johnson distributed
included the attribution, "copyright University of Alaska
Foundation, nonprofit use permitted, all other rights reserved",
then he thinks "the law would be satisfied."
CHAIR LYNN asked if that would apply to any other song with a
copyright.
MR. BULLARD answered that he does not know.
8:56:19 AM
REPRESENTATIVE JOHNSON proffered that any other song is probably
connected with the American Society of Composers, Authors and
Publishers (ASCAP) or Broadcast Music, Inc. (BMI), organizations
that charge radio, television stations, and "everyone who uses
jingles" and then distribute the money to the authors of those
jingles. He said he wants to ensure that including Section 2 of
the bill would not result in people being subjected to ASCAP and
BMI fines.
8:57:49 AM
SENATOR MENARD, in response to Representative Wilson, said there
is a copyright on the second verse. However, she pointed out
that the [University of Alaska] Foundation, with which she has
collaborated, "has no objection." She indicated that the focus
of the bill is to recognize the work of Carol Beery Davis in
writing the second verse.
8:58:35 AM
MICHAEL ROVITO, Staff, Senator Linda Menard, Alaska State
Legislature, on behalf of Senator Menard, sponsor, said he had
just spoken with Mary Rutherford, President of the University of
Alaska Foundation, and he related his understanding that the
foundation is not worried about the distribution of the song,
but wants the foundation recognized as the owner of the second
verse of the song.
8:59:11 AM
REPRESENTATIVE P. WILSON asked what consequences there would be
if someone printed both verses, not knowing he/she had to
recognize the foundation.
8:59:49 AM
MR. ROVITO said he does not know but could find out.
8:59:59 AM
REPRESENTATIVE SEATON noted that the language on page 2, line
21, read "nonprofit use" rather than "use by a nonprofit";
therefore, the copyright fee for nonprofit use would be waived.
He asked if the foundation has the copyright to both the first
and second verses.
9:01:11 AM
SENATOR MENARD replied that the short answer is yes.
9:01:18 AM
REPRESENTATIVE GRUENBERG expressed concern about the legality of
the issue. He noted that SB 43 has been referred to the House
Judiciary Standing Committee, which is most likely to address
this issue. He said it appears that Section 2 applies to both
verses, when perhaps it should apply only to the second verse.
He expressed concern about unintended consequences, and said he
wants copyright lawyers, as well as representatives from [the
foundation] available to testify. He said he would like to know
if the foundation would concur with a decision to delete Section
2.
9:03:15 AM
REPRESENTATIVE JOHNSON concurred with Representative Gruenberg.
He said Section 2 could be written so that the verses to the
song are public domain. In response to Representative Seaton's
previous remark regarding the use of the term "nonprofit", he
said anyone who is not part of a nonprofit group would fall
under "all other rights reserved."
9:04:21 AM
REPRESENTATIVE PETERSEN said he has been involved in playing and
singing music for over 40 years, and Section 2 is a classic
disclaimer that is used in conjunction with "any type of
copyrighted music that is being used in any type of a public
sense." The music is open for use in a nonprofit manner, but
not for financial gain, he explained.
9:05:49 AM
REPRESENTATIVE JOHNSON said Representative Petersen just
underlined his point that the reason the copyright is on the
music is so that if someone uses it, the write of the music can
be compensated. He said the language in SB 43 appears to give
recourse to the University of Alaska to use the song. He
recommended that the committee delete [Section 2] now and allow
the House Judiciary Standing Committee to add it back in if it
so chooses.
9:06:46 AM
SENATOR MENARD said that would be acceptable. She related an
anecdote about a woman who sings often for the public and would
like to sing the second verse, but feels uncomfortable about
doing so. She said the University of Alaska has said that it
will release the second verse to be acknowledged as an official
second verse.
9:08:23 AM
REPRESENTATIVE GRUENBERG said he would be comfortable deleting
Section 2. He asked if wording needs to be added to let people
know whether the song is in public domain.
9:09:27 AM
REPRESENTATIVE P. WILSON said she is comfortable with deleting
Section 2, but she would like the bill sponsor to consider
before the next committee of referral if it would need to be put
back into the bill. She restated her concern regarding whether
there would be consequences if someone printed out the verses
without noting the copyright.
9:10:30 AM
SENATOR MENARD, in response to Representative Gatto, said
currently a person would not be carried away in handcuffs who
chose to sing the second verse; the person to whom she
previously referred just did not feel comfortable singing a
verse to the a state song that has not yet been recognized by
the state legislature as an official verse.
9:11:32 AM
REPRESENTATIVE PETERSEN removed his objection to the motion to
adopt Version R as the work draft. Therefore, Version R was
before the committee.
9:11:37 AM
REPRESENTATIVE JOHNSON moved to adopt Conceptual Amendment 1, as
follows:
Page 2, line 19-22:
Delete all language
There being no objection, Conceptual Amendment 1 was adopted.
9:11:57 AM
REPRESENTATIVE SEATON and REPRESENTATIVE GRUENBERG moved to
report the proposed HCS for SB 43, Version 26-LS0259\R, Bullard,
3/29/10, as amended, out of committee with individual
recommendations and the accompanying fiscal notes.
9:12:13 AM
REPRESENTATIVE GATTO objected. He said he has respect for
Alaska - its cultures and history - which is why he objects. He
stated his belief that the legislature should not change the
state's history by adding a verse to a song that was written
long ago. He said there is no law against singing the second
verse or not singing it. He stated that his intent is to
protect Alaska's culture - "more so than anybody who votes to
change it." Representative Gatto said no one goes back to
investigate the Holy Bible and change it, and if they did, they
better make a new addition. He said the bill is not proposing
to make a new addition song, but is adding something new to the
old addition. He pointed out that the Alaska State Seal does
not depict Alaska Native culture on it.
CHAIR LYNN offered his understanding that a bill was introduced
a few years ago to do so.
9:15:52 AM
REPRESENTATIVE GRUENBERG noted that the first verse of Alaska's
Flag refers to sourdoughs who came from the Lower 48, whereas
the second verse refers to Alaska Natives. He said, "It seems
to me that the second verse just restores the balance."
9:16:45 AM
A roll call vote was taken. Representatives Petersen, Seaton,
Wilson, Gruenberg, and Lynn voted in favor of the motion to
report the proposed HCS for SB 43, Version 26-LS0259\R, Bullard,
3/29/10, as amended, out of committee. Representatives Gatto
and Johnson voted against it. Therefore, HCS SB 43(STA) was
reported out of the House State Affairs Standing Committee by a
vote of 5-2.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 01-A second CS for HB 241 Version S.pdf |
HSTA 3/30/2010 8:00:00 AM |
HB 241 |
| Explanation of changes from CS HCR 8 P to C versions.pdf |
HSTA 3/30/2010 8:00:00 AM |
HCR 8 |
| CS for HCR 8 ( ) C version.pdf |
HSTA 3/30/2010 8:00:00 AM |
HCR 8 |
| HB128-REVISED FISCAL NOTE GOV-OMB-3-29-10.pdf |
HSTA 3/30/2010 8:00:00 AM |
HB 128 |