Legislature(1993 - 1994)
02/10/1994 08:00 AM STA
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
HOUSE STATE AFFAIRS STANDING COMMITTEE February 10, 1994 8:00 a.m. MEMBERS PRESENT Representative Al Vezey, Chairman Representative Pete Kott, Vice Chairman Representative Bettye Davis Representative Gary Davis Representative Harley Olberg Representative Jerry Sanders Representative Fran Ulmer MEMBERS ABSENT None COMMITTEE CALENDAR *HCR 29: Relating to the military operations areas environmental impact statement of the United States Air Force. *HCR 30: Relating to the twenty-sixth annual Girls' State. *HB 395: "An Act relating to retirement benefits for the administrative director of courts; and providing for an effective date." *HB 411: "An Act relating to the art in public places requirements for state-owned and state-leased buildings and facilities." (* First public hearing) WITNESS REGISTER COLONEL RICHARD HASSEN ALCOM-J4 5800 6th Street, Ste 203 Elmendorf AFB, AK 99506-2150 Position Statement: Testified in support of HCR 29 PAULA DITTON, Staff Representative Gail Phillips Alaska State Capitol, Room 216 Juneau, AK 99811 Phone: 465-2689 Position Statement: Testified in support of HCR 30 BOB STALNAKER, DIRECTOR Division of Retirement and Benefits Department of Administration P.O. Box 110203 Juneau, AK 99811 Phone: 465-4471 Position Statement: Answered questions on HB 395 TIM WILSON, Executive Director Alaska State Arts Council 411 W. 4th Ave. Suite 1E Anchorage, AK 99501 Phone: 279-1558 Position Statement: Opposed HB 411 PATRICIA WOLF, Director Anchorage Museum 121 W. 7th Ave. Anchorage, AK 99501 Phone: 343-4326 Position Statement: Opposed HB 411 ALDONA JOHAITI, Director University of Alaska Fairbanks Museum 907 Yukon Dr. Fairbanks, AK 99775 Phone: 474-6939 Position Statement: Opposed HB 411 JANEL THOMPSON, Director Alaska Arts Association P.O. Box 72786 Fairbanks, AK 99707 Phone: 456-6485 Position Statement: Opposed HB 411 KATHLEEN BERNTSON 1260 Sayles St. Ketchikan, AK 99901 Phone: 225-2944 Position Statement: Opposed HB 411 MARGARET ORTIZ 3204 S. Tongass Hwy. Ketchikan, AK 99901 Phone: 225-6321 Position Statement: Opposed HB 411 JOAN JACKSON, Board Member Alaska State Council on the Arts P.O. Box 374 Cordova, AK 99574 Phone: 424-7591 Position Statement: Opposed HB 411 GAIL PARSONS P.O. Box 2397 Homer, AK 99603 Phone: 235-3978 Position Statement: Opposed HB 411 RICHARD "TOBY" TYLER P.O. Box 1281 Homer, AK 99603 Phone: Not given Position Statement: Opposed HB 411 SANDY STOLLE P.O. Box 2363 Seward, AK 99664 Phone: 224-5857 Position Statement: Opposed HB 411 MICHAEL OLSON P.O. Box 2152 Seward, AK 99664 Phone: 224-7161 Position Statement: Opposed HB 411 JOAN NUGENT P.O. Box 8141 Ketchikan, AK 99901 Phone: 225-4350 Position Statement: Opposed HB 411 MOLLY JONES, Manager Anchorage One Percent For Art Project 121 W. 7th Ave. Anchorage, AK 99501 Phone: 343-6473 Position Statement: Opposed HB 411 JOCELYN YOUNG, Director Arts and Education Program Alaska State Council on the Arts 715 L St. Suite 6 Anchorage, AK 99501 Phone: 276-8844 Position Statement: Opposed HB 411 JOAN CAHILL, Representing Sealaska Heritage Foundation AND NAA Kahidi Theater One Sealaska Plaza Juneau, AK 99801 Phone: 586-9262 Position Statement: Opposed HB 411 NATALEE ROTHAUS, Executive Director Juneau Arts and Humanities Council P.O. Box 20562 Juneau, AK 99802 Phone: 586-2787 Position Statement: Opposed HB 411 BARBARA SHORT, Coordinator Fairbanks North Star Borough School District Chair, Alliance of Arts in Education 253 Hawk Rd. Fairbanks, AK 99712 Phone: 457-1299 Position Statement: Opposed HB 411 WANDA CHIN P.O. Box 82148 Fairbanks, AK 99708 Phone: 474-0131 Position Statement: Opposed HB 411 VICTORIA LORD, Executive Director Ketchikan Arts and Humanities Council P.O. Box 7342 Ketchikan, AK 99901 Phone: 247-8617 Position Statement: Opposed HB 411 RAY TROLL P.O. Box 8874 Ketchikan, AK 99901 Phone: 225-5954 Position Statement: Opposed HB 411 LYNN NADEN, Board Member Homer Council on the Arts P.O. Box 2776 Homer, AK 99603 Phone: 235-5966 Position Statement: Opposed HB 411 JIMMIE WILES P.O. Box 734 Homer, AK 99603 Phone: 235-3492 Position Statement: Opposed HB 411 IRA PERMAN 1041 W. 23rd Ave. Anchorage, AK 99503 Phone: 272-8938 Position Statement: Opposed HB 411 PAT PETRIVELLI, Executive Director Institute of Alaska Native Arts P.O. Box 70769 Fairbanks, AK 99707 Phone: 456-7491 Position Statement: Opposed HB 411 PREVIOUS ACTION BILL: HCR 29 SHORT TITLE: COMMEND AIR FORCE: ENVIR IMPACT STATEMENT SPONSOR(S): REPRESENTATIVE(S) JAMES,Vezey JRN-DATE JRN-PG ACTION 01/24/94 2137 (H) READ THE FIRST TIME/REFERRAL(S) 01/24/94 2137 (H) STATE AFFAIRS 02/10/94 (H) STA AT 08:00 AM CAPITOL 102 BILL: HCR 30 SHORT TITLE: TWENTY-SIXTH ANNUAL GIRLS STATE SPONSOR(S): REPRESENTATIVE(S) PHILLIPS,Ulmer,Grussendorf,Navarre JRN-DATE JRN-PG ACTION 02/02/94 2217 (H) READ THE FIRST TIME/REFERRAL(S) 02/02/94 2217 (H) STATE AFFAIRS 02/10/94 (H) STA AT 08:00 AM CAPITOL 102 BILL: HB 395 SHORT TITLE: COURT ADMINISTRATIVE DIRECTOR IN PERS SPONSOR(S): REPRESENTATIVE(S) VEZEY JRN-DATE JRN-PG ACTION 01/24/94 2137 (H) READ THE FIRST TIME/REFERRAL(S) 01/24/94 2137 (H) STATE AFFAIRS, JUDICIARY 02/10/94 (H) STA AT 08:00 AM CAPITOL 102 BILL: HB 411 SHORT TITLE: REPEAL ART IN PUBLIC PLACES REQUIREMENT SPONSOR(S): REPRESENTATIVE(S) VEZEY JRN-DATE JRN-PG ACTION 01/20/93 (H) MINUTE(RES) 01/28/94 2177 (H) READ THE FIRST TIME/REFERRAL(S) 01/28/94 2177 (H) STATE AFFAIRS, FINANCE 02/10/94 (H) STA AT 08:00 AM CAPITOL 102 ACTION NARRATIVE TAPE 94-10, SIDE A Number 000 CHAIR Al VEZEY called the meeting to order 8:01 a.m. REPRESENTATIVES KOTT, B. DAVIS, G. DAVIS, H. OLBERG, and J. SANDERS were announced present. REPRESENTATIVE ULMER joined the meeting at 8:02 a.m. CHAIR VEZEY, co-sponsor of HCR 29 with REPRESENTATIVE JEANNETTE JAMES, deferred the customary sponsor statement and began testimony on HCR 29. Number 044 HCR 29 COMMEND AIR FORCE: ENVIR IMPACT STATEMENT COLONEL RICHARD HASSEN, ALCOM, ELMENDORF AIR FORCE BASE, testified by offnet teleconference in favor of HCR 29. He stated the Air Force's approach is to gain approval for the necessary training areas that are essential to their mission in Alaska, but the overall goal is to seek a balance between necessary training and respect for the environment. To illustrate how they seek this balance, COLONEL HASSAN spoke about the Air Force Military Operations Area Environmental Impact Statement (EIS) process. He said last year the Air Force announced their intent to prepare an EIS with proposed adjustments to military air space in Alaska. The purpose of the EIS was to analyze potential environmental impacts on these proposed changes in accordance with the National Environmental Policy Act (NEPA). COLONEL HASSAN stressed that from the beginning of the EIS effort the Air Force has sought maximum participation from the Alaskan public by holding meetings in locations throughout the state. The input gathered will be considered and addressed in the EIS and will become a part of the Environmental Impact Statement analysis. COLONEL HASSEN mentioned four significant points about the Air Force Military Operations Area EIS: 1) the changes are only proposed, the Air Force is more than a year away from any decisions; 2) the proposal is not expected to increase the overall firing military activity in Alaska; 3) the proposal will not change the public's existing right to access any air space; and 4) the Air Force is serious about public involvement. He said several adjustments have already been incorporated into the original proposal because of issues raised by concerned Alaskans. The draft EIS is scheduled to be released this coming summer. Number 136 CHAIR VEZEY asked COLONEL HASSAN to characterize the safety aspects of the proposal. Number 149 COLONEL HASSEN noted there are two very significant outcomes. First, the Air Force believes that turning temporary military operations areas into permanent military operations air space is simply a terminology change as far as the FAA and most citizens are concerned. He said a significant sidelight is, when changing temporary to permanent air space, that air space then becomes charted on air space maps, which are available to all pilots. He further stated that when air space is charted, it acts as an additional advisory so people know where the Air Force is allowed to train. Secondly, the Air Force believes that over $1 million can be saved by not having to obtain approval from the FAA for temporary air space. He gave an example of how the Air Force requested approval for the same space nine times over the last three years. Number 185 REPRESENTATIVE B. DAVIS asked CHAIR VEZEY to affirm that HCR 29 is a letter of support for this action to take place and asked if the actual change had to be done at the federal level. Number 192 CHAIR VEZEY told REPESENTATIVE B. DAVIS she was correct. He added HCR 29 commends the Air Force for the open nature of the EIS in support of a change in the federal declaration of Alaskan airspace. Number 199 REPRESENTATIVE B. DAVIS asked if there were any current bills in Congress which HCR 29 could be tied to. Number 201 CHAIR VEZEY did not believe so. Number 203 COLONEL HASSEN was not aware of any bills. He noted that the Air Force operates under and received guidance for preparing the EIS from NEPA. COLONEL HASSAN pointed out that the Air Force elected to proceed with the full EIS approach in order to get the up-front, whole public environment in their proposal, and going through the EIS process provided this opportunity for public particpation. CHAIR VEZEY asked for a recommendation from the committee. Number 229 REPRESENTATIVE B. DAVIS moved that HCR 29 be passed out of committee with individual recommendations. Number 231 CHAIR VEZEY recognized REPRESENTATIVE B. DAVIS' motion. The committee secretary called the roll and HCR 29 passed unanimously from the House State Affairs Committee with individual recommendations. HCR 29 will proceed to the House Rules Committee. HCR 30 - TWENTY-SIXTH ANNUAL GIRLS STATE Number 256 CHAIR VEZEY opened discussion on HCR 30. Number 265 PAULA DITTON, representing sponsor REPRESENTATIVE GAIL PHILLIPS, read the following sponsor statement: "House Concurrent Resolution 30 salutes the participants in the 26th Annual Girls' State Program, to be held June 10-17 at the University of Alaska Fairbanks. The resolution salutes the sponsors, the American Legion Auxiliary and recognizes government officials and agencies, including our own Legislative Affairs Agency, as well as private individuals and organizations who support and participate in the program. "I strongly support Girls' State as an exercise of youth citizenship where delegates from all over the state learn the duties of the various offices connected with city, borough and state government. "House Concurrent Resolution 30 has a zero fiscal note attached." Number 282 REPRESENTATIVE KOTT asked if HCR 30 was the same resolution as was presented in 1993. Number 285 MS. DITTON stated HCR 30 was the same. CHAIR VEZEY clarified that last year was the 25th Annual Girls' State. Number 293 REPRESENTATIVE KOTT moved to pass HCR 30 out of committee unanimously. Number 304 CHAIR VEZEY recognized REPRESENTATIVE KOTT's motion. The committee secretary called the roll and HCR 30 passed from the House State Affairs Committee with unanimous "do pass" recommendation. HB 395 - COURT ADMINISTRATIVE DIRECTOR IN PERS Number 314 CHAIR VEZEY recognized himself as the sponsor of HB 395, and turned the gavel over to VICE CHAIRMAN PETE KOTT. REPRESENTATIVE VEZEY began with, "This bill says that in the future when the court system hires an administrative director, if that person is hired after the effective date of this legislation, that person will not have the option of participating in the judicial retirement system." He explained the reason the bill is so lengthy is to keep the clarification in the statutes that there is indeed, or has been in the past, an administrator of the Alaska Court System that has been in the Judicial Retirement System. Therefore, when the administration changes, there would be continuity in the administration of the benefits. REPRESENTATIVE VEZEY said the Judicial Retirement System is certainly the most generous retirement system, with the state of Alaska paying 50.2 percent of an employees' salary, on an annual basis, toward retirement benefits. He stated the administrator of the Alaska Court System is the only public employee of the state of Alaska, other than a judge or a justice, who is allowed to participate in this system. He explained that benefactors in this system receive a five percent per year credit toward the retirement of their salary, with a maximum of 15 years or 75 percent. This retirement benefit is adjusted for every pay increase that future employees in that position receive, with inflation adjusted. He compared this with an employee in the PERS system, who would receive after 30 years, approximately 66 percent of their salary retirement. He stated there were a lot of inequities between the way this employee is treated and other employees in the court system and the state of Alaska. He felt this was an issue of equity and treating our state employees in an equitable manner and was not the kind of statute we should have especially, when the state is in a budget cutting mode. Number 377 REPRESENTATIVE HARLEY OLBERG inquired why REPRESENTATIVE VEZEY restrained from changing the entire system, and asked if he intended to do so in the future. Number 387 REPRESENTATIVE VEZEY replied the Senate currently has a bill which evaluates the state's retirement system and that is probably the primary reason why he has not worked on proposing an overhaul of the state's retirement system. He said the Judicial Retirement System, compared to the Public Employees Retirement System and the Teachers Retirement System, is a modestly small program. He suggested if revisions are made to pension programs, that it be done as a total package. REPRESENTATIVE VEZEY recognized there are reasons for having a special retirement program for the Judiciary. At one time, members of our Judiciary were members of the Public Employees Retirement System. Number 410 REPRESENTATIVE JERRY SANDERS liked the idea of HB 395, but wondered if it was not scrutinizing one individual for a cut and if there was a benefit to the state. Number 415 REPRESENTATIVE VEZEY reiterated that HB 395 did not single out one individual, because under the current interpretation of Alaska's Constitution, a person's retirement system cannot be changed once they're employed. REPRESENTATIVE VEZEY pointed out there is some legal argument to that, but that is the legal guideline the state is operating under. HB 395 says that future employees in this position would not be brought into this program. REPRESENTATIVE SANDERS reaffirmed HB 395 only applies to one position. Number 427 REPRESENTATIVE VEZEY emphasized there may be severe constitutionality questions if HB 395 applied to one person, but at this time, the consensus is that since it applies to a position and more than one person could fill that position, it is constitutional. REPRESENTATIVE OLBERG asked REPRESENTATIVE VEZEY if it has been deemed unconstitutional to change a person's retirement benefits after being employed. Number 438 REPRESENTATIVE VEZEY replied that was the definition of a couple of court decisions he had read. Number 444 VICE CHAIRMAN KOTT introduced BOB STALNAKER as the next witness. Number 445 BOB STALNAKER, DIRECTOR, DIVISION OF RETIREMENT & BENEFITS, DEPARTMENT OF ADMINISTRATION, stated his department has a neutral opinion of HB 395. Number 450 VICE CHAIRMAN KOTT asked for further questions. Number 468 REPRESENTATIVE B. DAVIS asked, if a new person is hired as administrator for the court system, would that person be hired under the Supervisors PERS System? Number 473 REPRESENTATIVE VEZEY stated HB 395 would eliminate the current administrative director's option to opt out of PERS and go into the Judicial Retirement System. Number 479 REPRESENTATIVE OLBERG moved that HB 395 be moved out of committee with individual recommendations and unanimous consent. Number 481 VICE CHAIRMAN KOTT recognized REPRESENTATIVE OLBERG's motion and moved HB 395 out of the House State Affairs Committee with individual recommendations. Number 498 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.