MINUTES OF THE MEETING EDUCATION AND …...Rita Ward, Nine Mile Valley, said she has lived all her...

34
MINUTES OF THE MEETING EDUCATION AND CULTURAL RESOURCES COMMITTEE MONTANA STATE SENATE February 16, 1983 The meeting of the Senate Education and Cultural Resources Committee was called to order by Chairman Bob Brown on February 16, 1983, at 1:05 p.m. in Room 325, State Capitol. ROLL CALL: Roll was called with all committee members present. HOUSE BILL 39: Representative Harper, District 30, sponsor of the bill, stated the purpose of the bill is to make "The Montana Melody" the official state ballad. He spoke briefly to the history of the state song "Montana" and noted the children in their minds feel the "Montana Melody" is better. However, they understand the old song is a part of us and, tradition being very strong, realize they couldn't eliminate it. He said a young man approached him a year and a half ago with the idea of having the "Montana Melody" adopted as the state song and in an effort to include it in the history of Montana they are happy to be here today for the hearing. Representative Harper presented the children from Jefferson School, Helena, and students from Bonner and Cutbank, who sang the "Montana Melody" for the committee. PROPONENTS Twenty five students from Helena, Cutbank, Missoula and Bonner spoke in favor of the bill (exhibit #1). They all urged the committee to support the bill as it is an easily learned, beautiful melody which incorporates all aspects of the state such as animals, flowers, mountains, plains, sunsets and big sky. Madeleine Dunham, a Helena librarian, said the song is romantic, sentimental, and a slow melody appropriate for a ballad,and urged the committee to support the bill. Margaret Dove, from the Nine Mile Valley near Missoula, said she is a neighbor of the composers and producers of the song, LeGrande and Colleen Harvey. She said further she has loved the song since she first heard it and feels it really depicts the state.

Transcript of MINUTES OF THE MEETING EDUCATION AND …...Rita Ward, Nine Mile Valley, said she has lived all her...

Page 1: MINUTES OF THE MEETING EDUCATION AND …...Rita Ward, Nine Mile Valley, said she has lived all her life in Montana and feels this is not just another "go team go" song. This song instills

MINUTES OF THE MEETING EDUCATION AND CULTURAL RESOURCES COMMITTEE

MONTANA STATE SENATE

February 16, 1983

The meeting of the Senate Education and Cultural Resources Committee was called to order by Chairman Bob Brown on February 16, 1983, at 1:05 p.m. in Room 325, State Capitol.

ROLL CALL: Roll was called with all committee members present.

HOUSE BILL 39: Representative Harper, District 30, sponsor of the bill, stated the purpose of the bill is to make "The Montana Melody" the official state ballad. He spoke briefly to the history of the state song "Montana" and noted the children in their minds feel the "Montana Melody" is better. However, they understand the old song is a part of us and, tradition being very strong, realize they couldn't eliminate it. He said a young man approached him a year and a half ago with the idea of having the "Montana Melody" adopted as the state song and in an effort to include it in the history of Montana they are happy to be here today for the hearing.

Representative Harper presented the children from Jefferson School, Helena, and students from Bonner and Cutbank, who sang the "Montana Melody" for the committee.

PROPONENTS

Twenty five students from Helena, Cutbank, Missoula and Bonner spoke in favor of the bill (exhibit #1). They all urged the committee to support the bill as it is an easily learned, beautiful melody which incorporates all aspects of the state such as animals, flowers, mountains, plains, sunsets and big sky.

Madeleine Dunham, a Helena librarian, said the song is romantic, sentimental, and a slow melody appropriate for a ballad,and urged the committee to support the bill.

Margaret Dove, from the Nine Mile Valley near Missoula, said she is a neighbor of the composers and producers of the song, LeGrande and Colleen Harvey. She said further she has loved the song since she first heard it and feels it really depicts the state.

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EDUCATION AND CULTURAL RESOURCES Page 2 February 16, 1983

Mary Dove, Nine Mile Valley, said in 46 years she has learned to love the state song but when she heard the "Montana Melody" she was thrilled and it still thrills her every time she hears it. She urged the committee to give everyone in the state the opportunity to hear it and learn it.

Rita Ward, Nine Mile Valley, said she has lived all her life in Montana and feels this is not just another "go team go" song. This song instills pride in a person, describes the state, and is truly representative of big sky country.

Dale Lackner, Cutbank, stated he is a guide and outfitter and works for the Forest Service. He said he has been introducing people to the song for over a year and has a good positive reaction from everyone. He urged the committee to support the bill.

Marietta Pfister, Missoula, a music teacher, said this music is not just for children but for people of all ages. She said she has taught hundreds of children the song very easily and urged the committee to support the bill.

Brent Compton, a student who lives very close to Canada, said he liked the song because it tells about wildlife and nature.

Scott Anderson, a country school student from Cutbank, urged support of the bill.

Merv Finstad, Principal, Jefferson and Ray Bjork Schools in Helena, and President of the Montana Association of Elementary School Principals.said Mrs. Heffelfinger. Mrs. Carol, Mr. Stanaway, and. Mrs. Berg, teachers of Jefferson School, had as their primary goal teaching students about and having them partici­pate in the legislative process. The "Montana Melody" speaks well of our Montana beauty and heritage and support for it is growing all across the state.

There were no further proponents and no opponents to the bill. 'However, Lee Eames spoke as neither an opponent or a proponent saying she being a high school student hadn't been aware of the new song as it seemed to be a younger children's project. She further questioned whether the new song might replace the current state song "Montana'~ however unintentionally, if adopted as the state ballad.

There being no further witnesses the Chairman opened the hearing for questions from the committee.

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EDUCATION AND CULTURAL RESOURCES Page 3 February 16, 1983

Senator Mazurek commented the committee has spent approximately the past three weeks dealing with private vs public school bills and has heard a lot of criticism of public schools. However, he said, if this is representative of public schools, he was very impressed. The committee agreed with Senator Mazurek's remarks.

Senator Mazurek asked Representative Harper to explain what would happen to the royalties from the music as that is not addressed in the bill.

Representative Harper replied by introducing Colleen and Le­Grande Harvey, composers and producers of the song and stated he has a letter from their attorney stating their intention to donate the royalties on all the sheet music to an educa­tional scholarship fund. This will be formalized legally following passage of the bill.

In closing, Representative Harper complimented the students on the degree of excellence shown in their testimony and thanked the committee for their consideration. He noted sponsoring this bill has been a wonderful experience.

The hearing was closed and the committee moved to Room 402 for Executive Session.

EXECUTIVE SESSION

ACTION ON SENATE BILL 297: Senator Hammond stated after consulting with the Office of Public Instruction, no amendments were necessary.

Senator McCallum moved Senate Bill 297 DO PASS. The motion carried with Senator Blaylock voting no.

ACTION ON HOUSE BILL 39: Senator Mazurek moved House Bill 39 BE CONCURRED IN. The motion carried with Senator Elliott voting no.

Senator Brown left the committee room to present a bill and Senator Smith assumed the chair.

ACTION ON SENATE BILL 246: Senator Haffey moved to ADOPT THE STATEMENT OF INTENT. The motion carried unanimously.

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EDUCATION AND CULTURAL RESOURCES Page 4 February 16, 1983

Senator Haffey moved Senate Bill 246 DO PASS AS AMENDED with the Statement of Intent. The motion carried with Senator McCallum voting no.

ACTION ON SENATE BILL 308: Senator Severson moved to adopt the amendments as per the attached c6mmittee report. The motion carried unanimously Senator Berg moved Senate Bill 308 DO PASS AS AMENDED. The motion carried unanimously with Senators Brown and Blaylock absent.

ACTION ON SENATE BILL 253: Senator Elliott moved to TABLE Senate Bill 253. The motion carried unanimously with Senators Brown and Blaylock absent.

ACTION ON SENATE BILL 331: Senator Elliott moved to TABLE Senate Bill 331. The motion carried unanimously with Senators Brown and Blaylock absent.

ADJOURN: There being no further business, the meeting adjou~ned at 2:30 p.m.

Senator Bob Brown, Chairman

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ROLL CALL

EDUCATION AND CULTURAL RESOU-RC-£S .-~COMMITTEE

48th LEGISLATIVE SESSION -- 1983

NAME PRESENT ABSENT EXCUSED

Senator Roh Rrown r'hrl ;..rman _X

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Senator Ed Smith, v. Chairman X

Senator Roger Elliott X

Senator Delwyn Gage )(

Senator George McCallum X.

Senator Elmer ~pvpr~nn JL

Senator Harry Berg y

Senator Chet Blaylock 'I -

Senator Jack ~affey 'X

Senator Joseph Mazurek :x -

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Di@~f Mr. Chairman and members af the cmmittee

~~ R~m~ f~ jg~l Rasmassen and I'm in the sixth grade at Jefferson School in Helena Montana.I believe that Montana Melody should be our state B~~lod because it

wouldm't take the place of and other smng so those who

like the old song wouldn', even have to lea.rnit althoubh . . oecause les peesonally I thlnk they would wabt to Just such a beautiful song •• The tune gf Montana Melody flows eaiilr.T~fi mOfit the notes jump is one octave and it happens on y nee orus' The range of the song is very easy for most singers because it is neither very high or very low. The roy~lties for the song "montana" will still go to Shodair Hospital and all the royalties from "Montana Melody will go to a scholars9ip fund for higher education. The rumor that the Montana Melody project is only in Jegferson is false.Many ~udents in Wolf Pmmnt have written letters III to their legislator expressing an interest in the song. A group of kids in Butte have already learned the song add over 53 principals bought sheet music of records from I a Helena teacher at the State principals Convention. \1 With Montana Melodya~s our State Ballod we will stlll have our ~ 'football ch'eer state song and we will have a lovely sweet folk style song for those who enjoy this style of music.I think boths songs adequately portray out state.In reaction to someones comment about this being a pet project I wouldjust like to say that this is our project and not some boring i~kigbment. This was totally out choice and believe me I'm here speaking to you only because I love this song and I love our state. Thabk you for allowing me to speak before you.

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\ "

STANDING COMMITTEE REPORT

................ J~·.~p.~'-\4 . .J;"y. ... 11.A.. ............... 19.8.3 ..... .

PRESIDENT: MR .............................................................. .

We, your committee on ......... ~.~.~~?;.~9.~ ... ~.Q ... ~~~~q~ .. J,U~S.O'.U;w.;~.S ..................................................... .

having had under consideration ......... ~?~~JL ...................................................................................... Bill No .... 29.1. .... .

Respectfully report as follows: That .......... ~~~!.~ .................................................................................. Bill No .... ~.~.7.. ..... .

\QO PASS \

STATE PUB. CO. Helena, Mont.

··:···Senator···fiol:)···Brown·~···················Ch~i~~~~: ........ .

.J/ 0

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STANDING COMMITTEE REPORT

........................... ~~.~;.~~;.Y. .. Jl.L ..... 19 JP .....

PRESIDENT: MR .............................................................. .

We, your committee on .... ~~~~~~g.~ ... ~~ ... 9.~!.~~ ... ~~9.Y.?-f~~ ........................ : ................................. .

having had under consideration .......... ~9g~~ .......................................................................................... Bill No ... l.~ ......... .

Respectfully report as follows: That ......... J~O'J1.$..& .................................................................................... Bill No .. ~~ ........... .

BE ~ONCURRED IN

STATE PUB. co. ••••••••• 1-4 ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••.••••••••••••••.•

.,enator Bob Brown, Chairman. Helena, Mont.

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STANDING COMMITTEE REPORT

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PRESIDENT: MR ................................................ · ............. .

We, your committee on ... ~p.Q.~1:'.+.9.N .. ~NP. ... C.UUf.O.RAL ... RE.SQURc.ES .......................................................... .

having had under consideration ........ J?~~~1.~ ........................................................................................ Bill No ..... 244 .... .

Respectfully report as follows: That ......... ~~~~!~ .................................................................................. Bill No. 2.:4.6 ......... . introduced copy, be amended as follows:

1. Page 2, line 21. Following: line 20 Strike: ·consider systematicalllK Insert: -systematically consIder"

2. Page 3, line 6. Following: "ell" Insert: "in consultation" Following: ·with" Strike: "the --concurrence of"

3. Page 3, line 14. Following: -22-3-423-Insert: " Il the state agency acts in conjunction with a federal agency in their normal course of granting permits, the rules adopted under this subsection must be substantially the same as the federal rules that apply to the federal Agency·

XXXImSiX . And, a.s so amended, 00 PASS

Statement of Intent Attached

STATE PUB. CO. Helena. Mont.

Page 31: MINUTES OF THE MEETING EDUCATION AND …...Rita Ward, Nine Mile Valley, said she has lived all her life in Montana and feels this is not just another "go team go" song. This song instills

Education and CUltural Resources . PaCl8 l Senate Bill 246

February 17 83 .................................................................... 19 ........... .

STA'lBMBN"l' OF IN'tEft REI SB 246

The priJaary purpose of the bill is to ensure that systematic consideratioD of heritage properties on stata-owne4 land occurs in atate aqaney planning and action.. The bill provides that agencies that do not choose to prepare their own requlations to afford systematic consideration to heritage properties on state lands adhere to Cleneral rules prepared by the Historical Society.

The rules promulqated pursuant to this bill shoald ensure that Ca) the decision on whether to undertake a professional cultural resources inventory or site evaluation prior to a potentially haraful action is Blade by the aqency in consultation with the Society, )b) any heritage properties identified on state land are afforded direct consideration in an agency' s decision on whether or how to undertake an action, and "Cc) when feasibl.e, damage to heritage properties is avoided or subject to an appro­priate fora of mitiqation.

The rules are not intended to r.!quJ.re a single course of action by the agency or absolute protection of al.l identified heritage properties.

The rules promulgated by either state aClaDcies or the Historical. Society should have as common elemental

-- a requirement. that prior to taking an action affecting state land or property state aq8J1cies wil.l check with the Histor­ical Society to determine the presence or absence of previ';' ously identified historic or prehistoric resources, the relative value of any previously identified sites or build­inqs. and whether a field inventory or further 8ite eval­uation needs to occur to determine whether heritage prop­erties a1ght be impacted. -

-- a requirement that the Historical Society provide the inforaation requested within a specified time and in a precise format.

-- a requirement that each state aqency have a syatea for making' and documentinq decision. on whether heritage prop­erties identified as beinq affected by an Aqency decision or action can be afforded protection, avoidance, reuse, reha­bilitation, or recordinq prior to impact and ,that the system adopted permits the Historical Society coaaent to the agency on their deoision.

-- a method for adjudicating differencea between the agency and the Historical Society in instances where the value of jeopardized sites appears to be high. Such a aethod coul.d involve the Governor-appointed state Historic Preservation Review Board.

CContinued)

STATE PUB. co. Chairman. Helena, Mont.

Page 32: MINUTES OF THE MEETING EDUCATION AND …...Rita Ward, Nine Mile Valley, said she has lived all her life in Montana and feels this is not just another "go team go" song. This song instills

r

Education and CUltural Resources Page 3 . Senate J1i11 2." February 17 83

.................................................................... 19 .......... ..

This bill wou.ld be applicable to state agencies in two separate contexts. decisions on relDOdelinq or deJK»lition of historic stat.­owned buildinqa and decisiolls ... de by state land aanaqincJ aqencies relative to leasea, easements, accea., development.

In the case of the Montana university System, -rule- means pro­cedures included in the Montana UniVersity System Policies and Procedures Manual through the formal and public process used by the Reqents for that purpose.

<:TATF PlJR~ CO~ SENATOR B08 BROWN Chairman.

Page 33: MINUTES OF THE MEETING EDUCATION AND …...Rita Ward, Nine Mile Valley, said she has lived all her life in Montana and feels this is not just another "go team go" song. This song instills

'-'. ) '.':.".

\: I:

STANDING COMMITTEE REPORT

February 17, 83 .................................................................... 19 ........... .

PRESIDENT: MR .............................................................. .

We, your committee on ......... ~!o?~~~~~.~ ... ~~~ ... ~~~~.~ ... ~~~~~~ ..................................................... .

having had under consideration ............. ~~.~ ..................................................................................... Bill No .... }~.~ .... .

Respectfully report as follows: That .........•.... ~.m.;~~~ .............................................................................. Bill No ... ~.9.~ ....... . introduced copy, be amended as follows:

1. Title, line s. Following: ftOWNERS" Insert: "and owners of more than one-half of the property"

2. Page 1, line 22. Following: "concurrence of" Insert: "; (a)'

3. Page 1, Pollovinq: Insert: "; property in

line 23. "district" and (b) the owners the district"

And, as 80 amended, 00 PASS !'lQCA0SSX

STATE PUB. CO. Helena, Mont.

of more than one-half of the

.................................. L,' .............................................................. .

Senator Bou Brown, Chairman.

Page 34: MINUTES OF THE MEETING EDUCATION AND …...Rita Ward, Nine Mile Valley, said she has lived all her life in Montana and feels this is not just another "go team go" song. This song instills

)

................ ~~~;~~ .... ~.?.L ................ 19 .. ~.~ .... .

MR ......... ~~~J.~~~~ .......................... .

We, your committee on .......... ~9:~~:'f~~ ... ~p. ... t;~~~~.~ ... ~~!?y~~~~ ................................................... .

having had under consideration .............. $.~~7:'~ .................................................................................... Bill No ... ~~.~ ...... .

Respectfully report as follows: That ....... ~~~~?;.? ..................................................................................... Bill No.~.~.~ ......... .

introduced copy, be amended as follows:

1. Title, line 5. Following: -OWNERS-Insert l • AND OWNERS OF MORE THAN ONE-HALF OF THE PROPERTY·

2. Page 1, line 22. Following: ·concurrence of· Insert: "; (a)·

3. Page 1, Following: Insert: U i property in

line 23. -district" and (b) the owners the district"

And, as so amended, 00 PASS iP~

STATE PUB. CO. Helena, Mont.

of more than one-half of the

Senator Bob Brown, Chairman.