01/30/2003 08:02 AM House CRA
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ALASKA STATE LEGISLATURE
HOUSE COMMUNITY AND REGIONAL AFFAIRS
STANDING COMMITTEE
January 30, 2003
8:02 a.m.
MEMBERS PRESENT
Representative Carl Morgan, Chair
Representative Tom Anderson
Representative Mike Chenault
Representative Ralph Samuels
Representative Sharon Cissna
Representative Albert Kookesh
MEMBERS ABSENT
Representative Kelly Wolf, Vice Chair
COMMITTEE CALENDAR
HOUSE BILL NO. 58
"An Act relating to the reinstatement of Native corporations;
and providing for an effective date."
- MOVED HB 58 OUT OF COMMITTEE
HOUSE BILL NO. 45
"An Act adding a second verse to the official Alaska state
song."
- MOVED HB 45 OUT OF COMMITTEE
PREVIOUS ACTION
BILL: HB 58
SHORT TITLE:REINSTATEMENT OF NATIVE CORPS
SPONSOR(S): REPRESENTATIVE(S)FOSTER
Jrn-Date Jrn-Page Action
01/21/03 0047 (H) READ THE FIRST TIME -
REFERRALS
01/21/03 0047 (H) CRA, L&C
01/30/03 (H) CRA AT 8:00 AM CAPITOL 124
BILL: HB 45
SHORT TITLE:SECOND VERSE OF ALASKA'S STATE SONG
SPONSOR(S): REPRESENTATIVE(S)WEYHRAUCH
Jrn-Date Jrn-Page Action
01/21/03 0043 (H) PREFILE RELEASED (1/10/03)
01/21/03 0043 (H) READ THE FIRST TIME -
REFERRALS
01/21/03 0043 (H) CRA, STA
01/29/03 0089 (H) COSPONSOR(S): MORGAN
01/30/03 (H) CRA AT 8:00 AM CAPITOL 124
WITNESS REGISTER
LARRY LaBOLLE, Staff
to Representative Richard Foster
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 58 on behalf of the bill
sponsor, Representative Foster.
CARL PELOWOOK, President
Savoonga Native Corporation
Savoonga, Alaska
POSITION STATEMENT: Testified on HB 58.
SALLY SADDLER, Legislative Liaison
Department of Community & Economic Development
Juneau, Alaska
POSITION STATEMENT: Testified that the department staff have
reviewed HB 58 and see no problems with it.
LINDA SYLVESTER, Staff
to Representative Bruce Weyhrauch
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 45 on behalf of the sponsor,
Representative Weyhrauch.
TERI TIBBETT, Staff
to Representative Max Gruenberg
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During the hearing on HB 45, sang both
verses of Alaska's state song.
TOM STEWART, Retired Superior Court Judge
Juneau, Alaska
POSITION STATEMENT: During the hearing on HB 45, explained his
involvement with the Commission on Tolerance and its report
recommending the adoption of the second verse to Alaska's
official state song.
ALLAN MacKINNON
Juneau, Alaska
POSITION STATEMENT: Urged the committee to [pass HB 45 from
committee].
ACTION NARRATIVE
TAPE 03-1, SIDE A
Number 0001
CHAIR CARL MORGAN called the House Community and Regional
Affairs Standing Committee meeting to order at 8:02 a.m.
Representatives Morgan, Anderson, Chenault, Samuels, Cissna, and
Kookesh were present at the call to order.
HB 58-REINSTATEMENT OF NATIVE CORPS
CHAIR MORGAN announced that the first order of business would be
HOUSE BILL NO. 58, "An Act relating to the reinstatement of
Native corporations; and providing for an effective date."
REPRESENTATIVE RICHARD FOSTER, Alaska State Legislature,
speaking as the sponsor of HB 58 turned to his staff for the
presentation of the bill.
Number 0361
LARRY LaBOLLE, Staff to Representative Richard Foster, Alaska
State Legislature, explained that HB 58 provides a window of
opportunity for Native village corporations to be reinstated
under the corporate laws of the State of Alaska. When a Native
village corporation fails to renew its corporation papers, the
corporation has one year [to renew] otherwise the corporation is
involuntarily dissolved. This is problematic because the
corporation name can be taken by someone else. "But it isn't
just the corporation name, it's the corporation's properties,"
he pointed out. The original corporation is the one to whom the
property and monies involved in the [Alaska Native Claims
Settlement Act] were granted by the federal government.
Although he surmised that technically one could argue that the
[the new corporation] could assume the properties of the
previous corporation, providing this window of opportunity [for
the corporation] to regain the original corporation under the
statutes is much cleaner and not open to challenge. Mr. LaBolle
pointed out that the title specifies "Native corporations" and
thus no one else can use this legislation to circumvent the laws
of this state. He also pointed out that the fiscal note is
zero.
Number 0636
CARL PELOWOOK, President, Savoonga Native Corporation, indicated
that the [Savoonga Native Corporation] was involuntarily
dissolved and reincorporated under the same name. [Therefore,
it seeks to confirm its new status via this legislation.]
SALLY SADDLER, Legislative Liaison, Department of Community &
Economic Development (DCED), informed the committee that staff
in the Division of Banking, Securities & Corporations have
reviewed HB 58 and see no problems with it. The [division]
staff have indicated that there will probably be three Native
village corporations that would be able to take advantage of HB
58. She noted that the cost to operate this would be negligible
and would be absorbed in the routine operating expenses. There
may be a small revenue impact due to the collection of fees and
penalties.
Number 1060
REPRESENTATIVE ANDERSON moved to report HB 58 out of committee
with individual recommendations and the accompanying fiscal
note(s). There being no objection, it was so ordered.
HB 45-SECOND VERSE OF ALASKA'S STATE SONG
CHAIR MORGAN announced that the next order of business would be
HOUSE BILL NO. 45, "An Act adding a second verse to the official
Alaska state song."
Number 1120
LINDA SYLVESTER, Staff to Representative Bruce Weyhrauch, Alaska
State Legislature, presented HB 45 on behalf of the sponsor,
Representative Weyhrauch. Ms. Sylvester explained that HB 45
proposes the adoption of a second verse to the Alaska's state
song. Legislation to add a second verse was first introduced in
1986 by a Juneau representative and again in 1995 by
Representative Morgan. This legislation was well received by
the House, although it wasn't adopted by the Senate. She
indicated that the Senate took a cautious approach to the
adoption of a new symbol for the state. She noted that the
statutes include a list of state symbols, such as the state
song, motto, flower, marine mammal, land mammal, fish, et
cetera.
MS. SYLVESTER informed the committee that the first verse of
Alaska's state song was originally written as a poem, an ode to
the flag, and was never intended to be a song. The poem was set
to music composed by Elinor Dusenbury and was adopted as the
official state song in 1956. In 1960, the song was gifted to
the University of Alaska Foundation as was the case in 1987 with
the second verse. Ms. Sylvester turned to the history of the
second verse. She explained that Constance Monroe, one of the
principals in [the creation of the second verse], felt that the
state song was narrow because it only speaks about the flag and
miners. Ms. Monroe was a good friend of Representative Alvin
Osterback's wife, Marie. Ms. Monroe spoke with Representative
Osterback and Senator [Frank] Ferguson about having a second
verse to the state song, which would be determined through a
statewide contest. The legislators didn't like the idea of a
statewide contest due to the expense. In 1985, Ms. Monroe
prepared to leave the state. During this time, she called Carol
Beery Davis and related that she was sad that a second verse to
the song was never adopted. The next morning Ms. Beery Davis
asked Ms. Monroe to review a draft of the second verse. Ms.
Beery Davis took the second verse to Representative Osterback
and Senator Ferguson to determine whether it was appropriate and
they agreed it was.
MS. SYLVESTER said that the second verse is easy to love because
the words are beautiful and inclusive of everyone. "The words
capture the mystical awe that the state itself and the land hold
for them," she said. The second verse isn't a tribute to Benny
Benson, the boy who designed the flag, rather it's a tribute to
what the flag itself means. She read the second verse. Ms.
Sylvester related her view that the first verse of the song
lauds the flag's symbolic representation of the landscape, while
the second verse is symbolic of how Alaskans live and live
together.
Number 1445
TERI TIBBETT, Staff to Representative Max Gruenberg, Alaska
State Legislature, sang both verses of the Alaska state song.
MS. SYLVESTER addressed the copyright [of the second verse].
She noted that the University of Alaska Foundation holds the
copyright for [the second verse as well as the first].
According to Scott Taylor, University of Alaska Foundation, the
foundation's first obligation is to fulfill the wishes of the
donor. Therefore, if this verse is adopted, it will be treated
exactly as the first verse and the foundation will give
nonexclusive rights for both commercial and nonprofit uses and
thus the second verse could be adopted in its entirety.
Number 1654
TOM STEWART, Retired Superior Court Judge, indicated that he was
responsible for the December 2001 final report from the
Commission on Tolerance, which recommended that [the second
verse be adopted as part of the official state song]. He
informed the committee that he was the chairperson of the
leadership summit on subsistence during July 2001. During this
summit, Byron Mallott, First Alaskans Institute, stressed that
he was very tired of the way the white people in Alaska treat
Native Alaskans. He related that Mr. Mallott pointed out that
the second verse of the state's song pays tribute to Native
Alaskans and it's never sung. Furthermore, Mr. Mallott pointed
out that the seal of Alaska doesn't recognize the Alaska Native
cultures. The result of the aforementioned summit was a report
listing 10 ways in which the people of this state could diminish
intolerance in Alaska. The fifth item on the list was the
inclusion of the second verse of the Alaska's state song when
it's officially used. Mr. Stewart concluded by commenting that
this legislation is timely.
CHAIR MORGAN related his belief that it's time [the second
verse] be adopted [as part of the official song]. This is
mending legislation that will bring people together.
Number 2183
ALLAN MacKINNON began by noting his involvement in this project
for quite a few years. He mentioned that he sat on Carol Beery
Davis's piano bench for a number of years, which led him to his
degree in music. Mr. MacKinnon recalled that in the past there
has been discussion with regard to adding verses to existing
material. He related his belief that history includes many
instances in which latter words were used with original
melodies. Therefore, he said he didn't believe such an argument
would bear weight. Mr. MacKinnon pointed out that this
situation is quite unique because Carol Beery Davis is a
contemporary of Marie Drake and Elinor Dusenbury. Furthermore,
Ms. Beery Davis was very much a part of writing down the music
of Alaska Native people. Originally, these songs were published
in "Songs of the Totem." Again, Mr. MacKinnon said that the
argument against adding verses doesn't bear weight; the original
poem was just a poem and meant no harm to anyone. However, over
time one can put into perspective what has gone on in this state
and the territory before that. In conclusion, Mr. MacKinnon
urged the committee to [pass the bill from committee].
Number 2475
REPRESENTATIVE SAMUELS moved to report HB 45 out of committee
with individual recommendations and the accompanying zero fiscal
note(s). There being no objection, it was so ordered.
ADJOURNMENT
There being no further business before the committee, the House
Community and Regional Affairs Standing Committee meeting was
adjourned at 8:42 a.m.
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