Legislature(1993 - 1994)

02/10/1994 08:00 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  HB 411 - REPEAL ART IN PUBLIC PLACES REQUIREMENT                             
                                                                               
  Recognizing CHAIR VEZEY as prime sponsor of HB 411, VICE                     
  CHAIRMAN KOTT retained the gavel.  He opened HB 411 for                      
  discussion.                                                                  
                                                                               
  Number 500                                                                   
                                                                               
  REPRESENTATIVE VEZEY said HB 411 removes the mandate that                    
  one percent of the funding for state-owned or leased                         
  facilities go to the arts council for the procurement of                     
  art.  HB 411 does not prohibit the procurement of art, but                   
  it does allow the state greater flexibility to administer                    
  capital improvement funds.                                                   
                                                                               
  Number 516                                                                   
                                                                               
  VICE CHAIRMAN KOTT opened teleconference sites for                           
  testimony, beginning with Anchorage.                                         
                                                                               
  Number 519                                                                   
                                                                               
  TIM WILSON, EXECUTIVE DIRECTOR, ALASKA STATE COUNCIL OF THE                  
  ARTS, testified in opposition to HB 411.  (A copy of his                     
  written testimony is on file).  He said currently there are                  
  over 100 "Percent for Art" programs across the nation,                       
  operated by the federal government, 29 states and numerous                   
  cities.  Anchorage is the only city in Alaska to operate a                   
  municipal program, and it is managed by a full-time position                 
  at the Anchorage Museum of History and Art.                                  
                                                                               
  MR. WILSON further stated that at the state level, the                       
  Percent for Art program operates without a direct                            
  administrative expense and every dollar spent in the program                 
  goes directly to the art project.  The program has no staff;                 
  responsibility for compliance is that of the department                      
  constructing the building or facility.  He stated HB 411                     
  would have a negative effect on the public and the artists,                  
  but the biggest public impact of HB 411 would be on Alaska's                 
  schools and children.  In FY 93, every project in the                        
  Percent for Art program was in either a school or university                 
  building.  He emphasized that  the current fiscal impact                     
  would be zero with the passage of this bill because all the                  
  projects are already obliged under the FY 94 budget.                         
                                                                               
  REPRESENTATIVE ULMER asked how many states operate a Percent                 
  for Art programs.                                                            
                                                                               
  MR. WILSON replied 29.                                                       
                                                                               
  Number 573                                                                   
                                                                               
  PATRICIA WOLF, DIRECTOR, ANCHORAGE MUSEUM, testified in                      
  opposition to HB 411.  She stated the art acquired from the                  
  Percent for Art programs has been successful in improving                    
  the aesthetic environment of Alaska.   She said the One                      
  Percent for Art program established in 1978 by the                           
  Municipality of Anchorage and administered by the Anchorage                  
  Museum has provided art for more than 70 municipal                           
  buildings, 47 schools, as well as facilities used by                         
  residents and tourists.  She stressed that children are                      
  inspired by artistic projects in school.  Art enhances the                   
  children's learning environment by giving them daily contact                 
  with art work with which they can identify.                                  
                                                                               
                                                                               
  MS. WOLF stated she understood the concern for fiscal                        
  responsibility, but the money that would be saved by                         
  eliminating the Percent for Art program is based on a                        
  cyclical nature of construction budgets available to state                   
  agencies and local governments, and is minimal.  She                         
  suggested the program be improved by more effective                          
  administration instead of eliminated.  She offered the                       
  assistance of those involved in Anchorage's Percent for Art                  
  program.                                                                     
                                                                               
  Number 615                                                                   
                                                                               
  VICE CHAIRMAN KOTT moved to the Fairbanks teleconference                     
  site.                                                                        
                                                                               
  Number 615                                                                   
                                                                               
  ALDONA JOHAITI, DIRECTOR, UNIVERSITY OF ALASKA FAIRBANKS                     
  MUSEUM, testified that art exemplifies Alaska's lifestyle,                   
  enhances a person's environment and makes a significant                      
  statement about what we value; what we think is important.                   
  She emphasized that the Percent for Art program enhances                     
  Alaska has a tourist destination.  She said she is opposed                   
  to HB 411.                                                                   
                                                                               
  Number 642                                                                   
                                                                               
  JANEL THOMPSON, DIRECTOR, FAIRBANKS ARTS ASSOCIATION,                        
  testified in opposition of HB 411.  She said the association                 
  presents an artist in schools program each year, which                       
  allows them to go into the schools and see how art in the                    
  schools really affects the children.  She commented that the                 
  art in public places program provides a better environment                   
  for individuals who are otherwise deprived of art work.                      
                                                                               
  Number 659                                                                   
                                                                               
  VICE CHAIRMAN KOTT moved to the Ketchikan teleconference                     
  site.                                                                        
                                                                               
  Number 664                                                                   
                                                                               
  KATE BERNTSON, a watercolor artist and graphic designer,                     
  testified in opposition to HB 411.  (Her written testimony                   
  is on file).  She mentioned that some of the finest works of                 
  art in Ketchikan are located in the public health center and                 
  the schools, giving the Alaskan children an opportunity to                   
  grow up with the knowledge and expectation that art is an                    
  important quality of life.  She stated that her experience                   
  in creating art work for two public buildings in Ketchikan                   
  provided her with employment, stimulated the local economy,                  
  and provided a piece of artwork that tells the story of the                  
  community.                                                                   
                                                                               
  Number 679                                                                   
                                                                               
  MARGARET ORTIZ testified in opposition to HB 411.  She                       
  explained that people in most small communities are deprived                 
  of artwork and greatly benefit from the art in public places                 
  program.  Communities do have a need for art to enhance                      
  their quality of life and the education of our young people.                 
  She requested the committee not eliminate the Percent for                    
  Art program.                                                                 
                                                                               
  TAPE 94-10, SIDE B                                                           
  Number 000                                                                   
                                                                               
  VICE CHAIRMAN KOTT moved to the Cordova teleconference site.                 
                                                                               
  JOAN JACKSON, BOARD MEMBER, ALASKA STATE COUNCIL ON THE                      
  ARTS, testified in opposition to HB 411.  She said the                       
  Percent for Art program provides a means of background and                   
  history which is immediately visible to visitors.  Without                   
  Percent for Art, building owners may tend to opt out of                      
  artistic projects in their buildings.  MS. JACKSON suggested                 
  the State Arts Council be allowed the opportunity to revamp                  
  the program instead of using HB 411 to delete it.  She also                  
  suggested the one percent be reduced to half of one percent                  
  if HB 411 was proposed to save money.                                        
                                                                               
  VICE CHAIRMAN KOTT moved to the Homer teleconference site.                   
                                                                               
  GAIL PARSONS testified in opposition to HB 411.  She                         
  emphasized the importance of art, especially in Alaska.  She                 
  noted that without the One Percent for Art program, our                      
  children would be shortchanged.  She urged the committee to                  
  "reconsider the bill and instead of repealing the One                        
  Percent For Art; support it in the interest of a better                      
  educated, healthier, more beautiful Alaska."                                 
                                                                               
  Number 123                                                                   
                                                                               
  RICHARD "TOBY" TYLER testified in opposition to HB 411.  He                  
  expressed his support of MS. JACKSON's testimony.  MR. TYLER                 
  said to the best of knowledge the local college in Homer was                 
  the only building in his area that housed Percent for Art                    
  work, but the addition of art made the building more                         
  attractive.  He mentioned, while most of the art in Homer is                 
  donated, most places in Alaska do not have this benefit.                     
                                                                               
  Number 156                                                                   
                                                                               
  VICE CHAIRMAN KOTT moved to the Seward teleconference site.                  
                                                                               
  Number 161                                                                   
                                                                               
  SANDY STOLLE testified in opposition to HB 411.  She                         
  remarked that her participation in the One Percent for Art                   
  program had allowed her personal growth, as well as the                      
  opportunity to work on a much larger scale.  She pointed out                 
  the educational benefits included in the program; e.g., when                 
  the artist goes into a school to do a piece of artwork, they                 
  normally give a lecture that goes along with the artwork.                    
  MS. STOLLE spoke of a prison project which required the                      
  inmates to participate in the fabrication of the art piece.                  
  Once the project was completed the inmates continued to work                 
  on various projects that enhanced the community.                             
                                                                               
  MICHAEL OLSON testified in opposition to HB 411.  He agreed                  
  art is a quality of life issue and it should be enhanced.                    
  Seward does not have any One Percent for Art in their                        
  schools.  He remarked that artwork in public places has a                    
  positive impact on tourism and suggested a revamping of the                  
  program and a fulltime administrator on the state level to                   
  manage the program.                                                          
                                                                               
  Number 241                                                                   
                                                                               
  VICE CHAIRMAN KOTT moved to the Ketchikan teleconference                     
  site.                                                                        
                                                                               
  JOAN NUGENT testified in opposition to HB 411.  She shared                   
  her experience of working on the One Percent for Art project                 
  at the health center in Ketchikan.  She said while the                       
  budget was small, the art selected changed the facility from                 
  a nice, but sterile building to a warm, welcoming building.                  
  MS. NUGENT commented that the aesthetics of a community                      
  influence where people go to vacation.  She emphasized that                  
  artists are residents of the state; they are a labor force                   
  and an industry that is deserving of public support.  She                    
  maintained that removing the mandate would eliminate the One                 
  Percent for Art program.                                                     
                                                                               
  Number 308                                                                   
                                                                               
  VICE CHAIRMAN KOTT moved to the Anchorage teleconference                     
  site.                                                                        
                                                                               
  MOLLY JONES, MANAGER, ANCHORAGE ONE PERCENT FOR ART PROJECT,                 
  testified in opposition to HB 411.  She stated the activity                  
  of Anchorage's One Percent for Art program has gone up and                   
  down with the economy, but Anchorage now has art located in                  
  more than 70 buildings, including neighborhood recreation                    
  centers, parking garages, swimming pools, utility buildings,                 
  senior centers and 47 schools.  More than 400 people have                    
  served as volunteers on the art selection juries that have                   
  chosen the works of art.  She observed there has been very                   
  little vandalism, which she believes is a testament to the                   
  respect the public has for art in public places.  She                        
  offered, from an historical point, that Alaska was one of                    
  the first states in the nation to have mandatory Percent for                 
  Art legislation; now more than half of the states have such                  
  laws.                                                                        
                                                                               
  Number 357                                                                   
                                                                               
  JOCELYN YOUNG, DIRECTOR, ARTS & EDUCATION PROGRAM FOR THE                    
  ALASKA STATE COUNCIL ON THE ARTS, testified in opposition to                 
  HB 411.  She stated since 1982 she has coordinated many art                  
  in schools residency programs where artists go into a                        
  community and share their ideas and arts with students,                      
  interacting in a very personal way.  She affirmed that this                  
  interaction has a strong impact on the artists' work, as                     
  well as on the students.  MS. YOUNG offered several examples                 
  of how the Percent for Arts program has impacted rural                       
  schools in Alaska.                                                           
                                                                               
  Number 391                                                                   
                                                                               
  VICE CHAIRMAN KOTT moved back to Juneau for testimony.                       
                                                                               
  Number 397                                                                   
                                                                               
  JOAN CAHILL, representing the NAA KAHIDI THEATER and                         
  SEALASKA HERITAGE FOUNDATION, testified in opposition to HB
  411.  (A copy of her written testimony is on file).  She                     
  believes "artistic expression is one of the few distinctive                  
  factors that characterize human beings from all other life                   
  forms."  She considers artwork to be as important to                         
  buildings as "bricks, glass, and concrete."  Art in public                   
  places "lends value, longevity, and pride in the buildings                   
  we create."                                                                  
                                                                               
  Number 430                                                                   
                                                                               
  NATALEE ROTHAUS, EXECUTIVE DIRECTOR, JUNEAU ARTS &                           
  HUMANITIES COUNCIL, testified in opposition to HB 411.  She                  
  stated the purpose of the percent for art program is to                      
  "foster culture and the arts, and for the viable development                 
  of its artists and craftsmen."   She pointed out that in FY                  
  93 every project was either in a school or a university                      
  building.  The result of these programs have improved the                    
  environment of public buildings and made art accessible on a                 
  daily basis to people from all walks of life.  It has also                   
  given artists work, support, and a place to display their                    
  work.  She further stated the Juneau Arts & Humanities                       
  Council believes that public officials have a responsibility                 
  to enhance the quality of life in Alaska.                                    
                                                                               
  Number 452                                                                   
                                                                               
  VICE CHAIRMAN KOTT moved to the Fairbanks teleconference                     
  site.                                                                        
                                                                               
  BARBARA SHORT, ART COORDINATOR, FAIRBANKS NORTH STAR BOROUGH                 
  SCHOOL DISTRICT and CHAIR for the ALLIANCE OF ARTS IN                        
  EDUCATION, testified in opposition to HB 411.  Ms. Short                     
  stated that half of the 30 schools in Fairbanks have Percent                 
  for Art pieces.  She gave examples of Percent for Art                        
  projects currently in process that would not be possible if                  
  this bill is passed.  Ms. Short noted that North Pole                        
  Elementary in Representative Vezey's district is in need of                  
  artwork.  She did not agree with the idea of reducing the                    
  funding to a half of a percent, but instead suggested more                   
  enforcement so it is more widely used.                                       
                                                                               
  Number 505                                                                   
                                                                               
  REPRESENTATIVE ULMER thanked BARBARA SHORT for her testimony                 
  and the rest of the testifiers for their contributions.                      
                                                                               
  Number 509                                                                   
                                                                               
  WANDA CHIN testified in opposition to HB 411.  She remarked                  
  that each community chooses art that is suitable for their                   
  environment.  She spoke of her own experience whereby she                    
  was commissioned to produce a work of art.  She suggested                    
  that the program be improved, not eliminated.                                
                                                                               
                                                                               
  VICE CHAIRMAN KOTT moved to the Ketchikan teleconference                     
  site.                                                                        
                                                                               
  Number 555                                                                   
                                                                               
  VICTORIA LORD, EXECUTIVE DIRECTOR, KETCHIKAN ARTS &                          
  HUMANITIES COUNCIL, testified in opposition to HB 411.  MS.                  
  LORD stated the Ketchikan Arts Council has been directly                     
  involved in the Percent for Art project in Ketchikan and is                  
  proud of the artwork displayed in the local public                           
  buildings.  She stressed that artists should not have to                     
  donate their work, and she believes Percent for Art should                   
  be expanded to include outdoor projects.                                     
                                                                               
  Number 584                                                                   
                                                                               
  RAY TROLL stated he is strongly opposed to HB 411.  (A copy                  
  of his written testimony is on file).  He felt the state                     
  office building in Ketchikan, which was built before the                     
  Percent for Art program was established, is very bleak and                   
  oppressive and needs the added improvement.                                  
                                                                               
  Number 595                                                                   
                                                                               
  VICE CHAIRMAN KOTT moved to the Homer teleconference site.                   
                                                                               
  Number 597                                                                   
                                                                               
  LYNN NADEN, ARTIST and BOARD MEMBER, HOMER COUNCIL ON THE                    
  ARTS, testified in opposition to HB 411.  MS. NADEN                          
  mentioned that most of the individuals testifying are art                    
  educators, artists, or interested in promoting the arts.                     
  She noted REPRESENTATIVE VEZEY's occupation is in                            
  construction and questioned if he had any self-interest in                   
  HB 411.                                                                      
                                                                               
  Number 609                                                                   
                                                                               
  REPRESENTATIVE VEZEY could not recall the last time he may                   
  have participated in a project that was subject to the One                   
  Percent for Art.  He said it is possible that there have                     
  been projects, but he works primarily on power plants,                       
  sewage treatment plants, highways and bridges, all of which                  
  are not included in the Percent for Art program.                             
                                                                               
  Number 616                                                                   
                                                                               
  VICE CHAIRMAN KOTT asked to continue with JIMMIE WILES in                    
  Homer.                                                                       
                                                                               
  Number 617                                                                   
                                                                               
  JIMMIE WILES testified in opposition to HB 411.  He felt the                 
  percent for art program should expand to two percent over                    
  time as a statement of our commitment to cultural expansion                  
  in Alaska.                                                                   
                                                                               
  Number 625                                                                   
                                                                               
  VICE CHAIRMAN KOTT moved to the Anchorage teleconference                     
  site.                                                                        
                                                                               
  Number 628                                                                   
                                                                               
  IRA PERMAN testified as the parent of a child who goes to                    
  Denali Elementary School in Anchorage.  Mr. Perman stated                    
  the recent renovation of the school included a mural on the                  
  exterior of the building, which was paid for by the Percent                  
  for Arts program.  He noted that the improvements to the                     
  building, as well as the neighborhood, were a result of the                  
  artwork.   Mr. Perman concluded that as long as there is                     
  money to build schools and other capital projects, the One                   
  Percent for Art program should continue to make these                        
  projects attractive.                                                         
                                                                               
  Number 644                                                                   
                                                                               
  VICE CHAIRMAN KOTT moved to the Fairbanks teleconference                     
  site.                                                                        
                                                                               
  Number 650                                                                   
                                                                               
  PAT PETRIVELLI, EXECUTIVE DIRECTOR, INSTITUTE OF ALASKA                      
  NATIVE ARTS, testified that without the Percent for Art                      
  program, the work of Alaska's artists would be limited to                    
  museums and private collectors.  She noted that artwork in                   
  schools and public places conveys a message to the children,                 
  emphasizing creativity and opportunity, while empty                          
  buildings send a very different message.  She encouraged the                 
  committee to maintain the current level of support for art                   
  programs throughout the state.                                               
                                                                               
  TAPE 94-11, SIDE A                                                           
  Number 000                                                                   
                                                                               
  Hearing the end of teleconference testimony, VICE CHAIRMAN                   
  KOTT called for a short recess at 9:33 a.m.                                  
                                                                               
  Number 018                                                                   
                                                                               
  VICE CHAIRMAN KOTT reconvened the meeting at 9:42 a.m.                       
  Public testimony was closed and HB 411 was opened for                        
  committee debate and discussion.                                             
                                                                               
  Number 031                                                                   
                                                                               
  REPRESENTATIVE B. DAVIS commented she would liked to have                    
  heard from children, particularly from some of the schools,                  
  and some of the experiences they have had with this program.                 
  As Chair of the Childrens' Caucus and a past School Board                    
  Member, REPRESENTATIVE B. DAVIS expressed her strong support                 
  for the Percent for Art program.                                             
                                                                               
  Number 049                                                                   
                                                                               
  REPRESENTATIVE ULMER added the testimony heard was very                      
  persuasive.  She related the importance of viewing art in                    
  the context of an economic development activity.  She noted                  
  that many of the artists that testified would not be able to                 
  survive unless they are paid for what they do.  She pointed                  
  out that other people in other professions are not expected                  
  to volunteer their work, so why should artists be expected                   
  to volunteer their work.  She commented that artists should                  
  be recognized as providing a very essential function in a                    
  public building; it is important to have art create the kind                 
  of environment that makes people feel good about where they                  
  are, that helps them do their job, and that helps students                   
  get inspired in the classroom.  REPRESENTATIVE ULMER                         
  commented it's part of a whole that makes this state a                       
  better state and makes Alaskans unique.  She further stated                  
  that tourists don't come here just to see the mountains, but                 
  also to learn about our culture; and one of the ways they do                 
  that is through the art they see in the public buildings.                    
  She reiterated that art is a very important part of our                      
  economy, as well as the quality of life, and expressed her                   
  opposition to moving HB 411 from committee.                                  
                                                                               
  Number 101                                                                   
                                                                               
  REPRESENTATIVE SANDERS believed he would vote to move HB 411                 
  out of committee, and felt the one percent would be better                   
  used not being mandated, but left to the discretion of                       
  administrators and the public for use on buildings, building                 
  maintenance, athletic programs or other programs that are in                 
  danger of being cut in the school system under the present                   
  economic condition.                                                          
                                                                               
  Number 117                                                                   
                                                                               
  REPRESENTATIVE VEZEY commented that his overall impression                   
  from the testimony presented was the testifiers believed if                  
  the mandated formula was to go away, the funding for art                     
  would go away.  He emphasized the purpose of HB 411 is to                    
  remove a mandated formula and to allow art projects to be                    
  funded as determined by the demands of the public.                           
  REPRESENTATIVE VEZEY related to the Greeks, who devoted a                    
  tremendous amount of their resources to art; however, they                   
  did not have a mandatory program.  Each project was done on                  
  a case by case basis.  He reiterated that "this bill is not                  
  a statement against art, it is really a statement that says                  
  the appropriating bodies and the administrators are going to                 
  have to address the situation of art on every case by case                   
  basis."                                                                      
                                                                               
  REPRESENTATIVE G. DAVIS appreciated REPRESENTATIVE VEZEY'S                   
  comments; however, he felt the testimony was very strong and                 
  in-depth and had probably changed his mind.  He stated while                 
  he would be interested in hearing a discussion of HB 411 on                  
  the House floor, he still would not want it to pass.                         
                                                                               
  VICE CHAIRMAN KOTT noted the importance of our culture and                   
  recognized the tourist aspect of art in Alaska.                              
                                                                               
  REPRESENTATIVE VEZEY moved HB 411 be passed out of committee                 
  with individual recommendations.                                             
                                                                               
  VICE CHAIRMAN KOTT asked if there were objections.                           
                                                                               
  REPRESENTATIVES ULMER and B. DAVIS objected.                                 
                                                                               
  VICE CHAIRMAN KOTT asked for explanation.                                    
                                                                               
  Number 216                                                                   
                                                                               
  REPRESENTATIVE ULMER explained all of the testimony given                    
  was opposed to HB 411 with exception of the sponsor,                         
  REPRESENTATIVE VEZEY.  She remarked if the people favor the                  
  mandate and don't want it changed, there is a good reason                    
  for the bill not to move forward.                                            
                                                                               
  Number 230                                                                   
                                                                               
  VICE CHAIRMAN KOTT recognized REPRESENTATIVE VEZEY'S motion.                 
  The committee secretary called the roll, and HB 411 passed                   
  out of the House State Affairs Committee with individual                     
  recommendations.  HB 411 moved to House Finance Committee.                   
                                                                               
  ANNOUNCEMENTS                                                                
                                                                               
  CHAIR VEZEY announced the State Affairs Subcommittee on the                  
  Alaska Railroad would meet Saturday, February 12, to review                  
  a draft report.                                                              
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  Hearing no more business before the committee, VICE CHAIRMAN                 
  KOTT adjourned the meeting at 9:52 a.m.                                      

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