Legislature(2009 - 2010)BELTZ 105 (TSBldg)
03/01/2010 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB260 | |
| SB244 | |
| SB209 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 209 | TELECONFERENCED | |
| += | SB 244 | TELECONFERENCED | |
| + | SB 260 | TELECONFERENCED | |
| += | SB 239 | TELECONFERENCED | |
| += | SB 92 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 209-STATE COUNCIL ON THE ARTS; REGULATIONS
2:14:33 PM
CHAIR FRENCH announced the consideration of SB 209.
SENATOR LINDA MENARD, Sponsor of SB 209, read the following
sponsor statement:
Senate Bill 209 will provide the Alaska State Council
on the Arts the authority to adopt regulations
relating to its statutory powers and duties.
The bill has been introduced at the request of the
Alaska State Council on the Arts (ASCA), which is the
Last Frontier's state arts agency, created over 40
years ago. The council works in partnership with the
National Endowment for the Arts (NEA) to foster the
development of the arts for all Alaskans through
education, partnerships, grants and services.
Several of ASCA's programs are governed by
regulations, which ASCA has promulgated and updated
over the years. Recently ASCA has sought to improve
and streamline its grant-making policies, procedures,
and regulations. In the course of this effort, ASCA
was informed by the Department of Law that ASCA
technically does not have statutory authority to adopt
regulations under the Administrative Procedures Act
(APA). While this legal opinion is at odds with long-
standing practice, ASCA considered the advice from the
Attorney General's office, and determined that the
best way to rectify the current anomalous situation is
to amend its enabling statute to allow ASCA the
explicit statutory authority to adopt regulations.
This legislation will in essence codify existing
practice and will enable ASCA to continue to
administer and oversee its existing programs. Any and
all regulations adopted in future will have to comply
with the review and public-notice provisions of the
APA. This bill has a zero fiscal note and will help
ASCA continue performing its long-standing mission of
helping more Alaskans appreciate, create, and enjoy
the arts and having regulatory authority will directly
contribute to ASCA's ability to do so.
SENATOR WIELECHOWSKI asked her to explain the structure of the
Alaska State Council on the Arts.
SENATOR MENARD said ASCA is a state agency that was formed with
assistance from the National Endowment of the Arts. The governor
appoints the board members and they must adhere to the
Administrative Procedures Act.
SENATOR WIELECHOWSKI noted that the Workers' Compensation Board
develops their regulations through the Department of Labor and
asked if ASCA would likewise develop regulations through a
department.
2:18:50 PM
BENJAMIN BROWN, Chair, Alaska State Council on the Arts,
explained that ASCA is a stand-alone within the Department of
Education and Early Development (DEED). State employees do the
day-to-day work, but ASCA staff would draft the regulations that
would be approved by the Department of Law (DOL) and then the
Lieutenant Governor's Office. The problem came to light through
efforts to streamline ASCA grants. He noted that ASCA regrants
money it receives from the National Endowment for the Arts and
the Legislature to arts organizations like Out North Theatre,
Perseverance Theatre, Anchorage Concert Association, and
Fairbanks Drama Association. ASCA was able to streamline many
procedures in its policies, but some were ensconced in state
regulations. When ASCA asked DOL to review the proposed changes,
DOL determined that AKSA didn't have the authority to make these
changes.
CHAIR FRENCH noted that his letter summarizes the problem and
points out that the best remedy would be to add the missing
language to the statute. I believe that's wise, he said.
SENATOR WIELECHOWSKI asked if ASCA has policies and procedures
in place and if it currently works with an assistant attorney
general when it adopts regulations.
MR. BROWN answered yes; when Ms. Fox drafts something it is
reviewed by an assigned assistant attorney general. Ms. Hattan
is that person. She inherited the problem after it came to Mr.
Slotnick's attention. ASCA has also worked with Ms. Behr and Mr.
Weaver both of whom do regulatory review. These regulations
would go through all the same hoops as any other proposed
regulations, he added.
SENATOR WIELECHOWSKI asked if someone from DOL is online.
2:22:26 PM
REBECCA HATTAN, Attorney, Civil Division, Department of Law
(DOL), introduced herself.
SENATOR WIELECHOWSKI asked if this proposal is unusual.
MS. HATTAN replied it's not at all uncommon. She explained that
Alaska has advisory and non advisory councils that have the
authority to promulgate regulations. She named as examples the
Council on Domestic Violence and Sexual Assault, the Police
Standards Council, and the Fire Council.
CHAIR FRENCH asked Ms. Fox if she had anything to add to the
conversation.
CHARLOTTE FOX, Executive Director, Alaska State Council on the
Arts, related that it was a surprise to learn that ASCA didn't
have the statutory authority to promulgate regulations since it
had been operating under its regulations for a number of years.
SENATOR COGHILL questioned what will happen to the regulations
that were passed without statutory authorization.
MR. BROWN opined that they would be repromulgated. This will be
a little more work, but it would get ASCA into the public eye
and provide an opportunity to publicize changes to the grant
program.
CHAIR FRENCH closed public testimony and announced he would hold
SB 209 for a future hearing.
2:25:38 PM
There being no further business to come before the committee,
Chair French adjourned the Senate Judiciary Standing Committee
at 2:25 p.m.
| Document Name | Date/Time | Subjects |
|---|