Legislature(2009 - 2010)BELTZ 105 (TSBldg)
02/12/2010 08:00 AM Senate EDUCATION
| Audio | Topic |
|---|---|
| Start | |
| SB236 | |
| SB209 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 209 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 235 | TELECONFERENCED | |
| = | SB 236 | ||
SB 209-STATE COUNCIL ON THE ARTS; REGULATIONS
8:39:51 AM
CO-CHAIR MEYER announced consideration of SB 209.
SENATOR MENARD, sponsor of SB 209, said this bill will provide
the Alaska State Council on the Arts (ASCA) the authority to
adopt regulations relating to its statutory powers and duties.
The bill was introduced at the request of ASCA, which is the
Last Frontier's state art agency, created over 40 years ago.
Several of the council's programs, she said, are governed by
regulations which the council has updated over the years.
Recently the arts council has sought to streamline its grant-
making policies, procedures, and regulations; in the course of
this effort, the council was informed by the Department of Law
(DOL) that it does not have the statutory authority to adopt
regulations under the Administrative Procedures Act. While this
legal opinion is at odds with their long-standing practice, the
council considered and took seriously the advice from the
Attorney General's office and determined that the best way to
rectify the current situation is to amend its enabling statute
to allow it explicit statutory authority to adopt regulations.
She stated that this legislation will, in essence, codify
existing practice and enable the Alaska State Council on the
Arts to continue to administer and oversee its existing
programs. Any and all regulations adopted in the future will
have to comply with the review and public-notice provisions of
the Administrative Procedures Act. This bill has a zero fiscal
note and will help the Alaska State Council on the Arts to
continue performing its long-standing mission of helping more
Alaskans appreciate, create, and enjoy the arts.
SENATOR MENARD said the best example of the regulations they are
discussing is 20 AAC 30.010 through 30.061, which governs all of
ASCA's grant programs. Each of the grant programs in the agency
has regulations specific to those grants, which outline the
purpose of the grants, the application process, deadlines,
eligibility, and limitations.
8:43:28 AM
CO-CHAIR THOMAS said it makes sense to bring the statute in line
with current practice.
SENATOR HUGGINS agreed, but asked what other councils have the
authority to make regulations.
SENATOR MENARD deferred to Rebecca Hattan from the Department of
Law.
8:44:16 AM
REBECCA HATTAN, Attorney, Department of Law, Juneau, Alaska, said the
line of cases that the Department of Law is concerned about centers
on commissions as opposed to councils. She could not name another
council that promulgates regulations.
8:44:53 AM
SENATOR HUGGINS said he is not sure they want to open the door
to having councils passing regulations and wondered if ASCA
should be made a commission rather than a council, as there is a
precedent for commissions in this regard.
8:45:32 AM
CO-CHAIR THOMAS questioned whether a change in the verbiage on
page 2 might take care of it.
8:46:32 AM
MS. HATTAN said the authority to adopt regulations flows
directly from statute, so the fact that AS 44.27 is specifically
limited to the Alaska State Council on the Arts precludes that
problem.
SENATOR STEVENS said, if he understands this correctly, Ben
Brown has been doing this for years and they are finally going
to OK what he has been doing all along. He asked Ms. Hattan if
Mr. Brown has done anything wrong.
MS. HATTAN said no. She suggested that the best way to move
forward is for the council to re-adopt all of their existing
regulations in order to eliminate any question of their
validity.
8:47:30 AM
BENJAMIN BROWN, Chair, Alaska State Council on the Arts, Juneau,
Alaska, said the council does not have a great number of
programs that require regulations, but those programs it does
have definitely do require them. The re-grant program gives out
a couple of hundred thousand dollars per year to small arts
organizations across the state such as Valley Performing Arts,
the Kodiak Arts Council, and Fairbanks Drama Association; the
biggest grant is $21,000. These organizations have to apply for
the grants in a manner prescribed by regulations that pre-date
his appointment to the council seven years ago by Governor
Murkowski. The council tried to change the grant regulations
about a year ago to streamline the process, and that is when
they realized they don't have the technical authority to adopt
regulations. They decided the best thing to do is to ask the
legislature for the specific authority to adopt regulations that
implement their statutes. He reminded the committee members that
the legislature had a bill several years ago that dealt with the
"Silver Hand" program; it also has regulations that implement
the statutes, and those need to have the force of law to combat
fraud and protect the integrity of the Alaska Native Art Market.
MR. BROWN concluded by saying that the council doesn't have a
lot of power, but the specific activities they engage in to
improve the lives of Alaskans by making more arts available,
require that their regulations have the force of law. With
regard to Senator Huggins' concern about councils, he said all
fifty states have arts agencies that were created in response to
the National Endowment of the Arts creation back in 1967. In
Hawaii it is called a foundation; in California it is a
commission; in Alaska it's a council; they are all state arts
agencies. He said ASCA has been a council for 40 years and he is
not sure what affect changing the name might have. As Ms. Hattan
pointed out, since this only applies to ASCA, there will not be
any seepage of authority to other councils.
8:51:44 AM
CO-CHAIR MEYER closed public testimony.
8:51:53 AM
SENATOR STEVENS noted that Judiciary is the next committee of
referral, so any legal issues can be ironed out there.
8:52:11 AM
CO-CHAIR THOMAS moved to report SB 209, labeled 26-LS1236\A out
of committee with individual recommendations and zero fiscal
note(s). There being no objection, SB 209 was moved from the
committee.
8:53:11 AM
There being no further business to come before the committee,
Co-Chair Meyer adjourned the meeting at 8:53 pm.
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