Legislature(2015 - 2016)CAPITOL 106
03/31/2015 08:00 AM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SCR6 | |
| HB160 | |
| HB117 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SCR 6 | TELECONFERENCED | |
| *+ | HB 160 | TELECONFERENCED | |
| += | HB 117 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 160-REPEAL ART IN PUBLIC PLACES REQUIREMENT
8:14:26 AM
CHAIR LYNN announced that the next of business would be HOUSE
BILL NO. 160, "An Act relating to the art requirements for
certain public buildings and facilities and to the funding of
works of art."
8:14:45 AM
REPRESENTATIVE KELLER moved to adopt proposed committee
substitute for HB 160, labeled 29-LS0696\H, as the working
document. There being no objection, Version H was before the
committee.
8:15:15 AM
REPRESENTATIVE LYNN GATTIS, Alaska State Legislature, said that
between 2004-2013, the Department of Transportation and Public
Facilities, the Department of Education and Early Development,
and the Alaska Court System spent a combined total of $9,129,581
on art programs expenditures. She explained there are two parts
to Version H: enacting a five-year moratorium on one percent
funding for art in public places, July 1, 2015 - July 1, 2020;
enacting a sunset date on the art works in public buildings and
facilities' statute, as well as the art in public place fund.
She pointed out that the original bill did not discuss the
moratorium but the Arts Council requested time in which to
become self-sufficient as it recognized that the goal of the
bill is to no longer fund one percent for arts. She advised
that the compromise of the five-year moratorium is not funding
but allows the Art Council to sell art work and lend art work to
become self-sufficient. She acknowledged that she "read it
backwards," and said Version A repealed all statutes requiring
one percent funding for art in public buildings and facilities,
as well as amending other statutes referencing the one percent
for arts. Version H, she pointed out, changes that requirement
for one percent funding for art in public buildings and
facilities with a five-year moratorium July 1, 2015 - July 1,
2020, it also includes a sunset date on AS 35.27, the art in
public places fund. She advised that the legislature can no
longer afford to offer these nice things, that the legislature
values art and artists, but the state will no longer sponsor
them. She offered hope that the Arts Council will become self-
sufficient.
8:18:50 AM
CHAIR LYNN noted that currently the arts receive one percent and
asked how much money would this put back into the main stream to
be used for other purposes in a time of fiscal shortages.
REPRESENTATIVE GATTIS responded it would put one percent of the
project ...
CHAIR LYNN restated, in approximate dollars, how much more money
would the state have to spend for other things.
REPRESENTATIVE GATTIS answered, "I guess ... if you don't have a
project then you don't have any money for that one percent of
that project." She noted that the legislature is considering
not funding capital projects, specifically schools, at this time
and remarked from the schools' standpoint ...
CHAIR LYNN interjected that money not spent on anything will go
back into the general fund to be spent on other necessary items.
REPRESENTATIVE GATTIS replied that whatever one percent of the
project is, that is how much will be saved.
CHAIR LYNN asked how one qualifies to have a piece of art
displayed.
REPRESENTATIVE GATTIS responded that it is different in
different places, although, at one time within the Matanuska-
Susitna School District the Wasilla Art Group and the Wasilla
High School Principal chose the art.
CHAIR LYNN surmised that artists submit the art or a description
of the art and someone decides.
REPRESENTATIVE GATTIS offered the examples of the particular art
program at Wasilla High School, or art being chosen by a school
board, and it can be decided in a different manner within the
same community.
8:21:50 AM
REPRESENTATIVE TALERICO advised he is torn by the fact that the
art, within his involvement with the municipal government, was
created by local artists and Alaska residents, and although
there will be a savings there is also the benefit of allowing
Alaskan artists a market. He said he is struggling with this
bill.
REPRESENTATIVE GATTIS referred to his comments and stated that
is the reason she compromised with the Arts Council to assist
them in becoming self-sufficient within the next five years.
She put forth that it is not her desire to take away from local
Alaskan artists, but rather to recognize that within these
budgetary times the Arts Council believes it can develop
creative ideas to become self-sufficient.
8:23:55 AM
ENZINA MARRARI, Curator, Public Arts Program, Municipality of
Anchorage, said in the 15 years she has lived in Alaska has
known several individuals who have benefited from the public art
program as they have been awarded opportunities for professional
growth, development, financial sustainability, and exposure both
locally and nationally. Additionally, she said, she has seen
Anchorage and the state benefit from this program by gaining
cultural, social, and economic value. She pointed out that
Alaska was a pioneer in the national movement, such as 8th grade
art work in public buildings and adopting the public arts
statute in 1975. She expressed that losing this legacy would be
a tremendous loss for Alaska and yet would have virtually no
impact on the state's operating or capital budgets.
She pointed out that the City of Anchorage and the State of
Alaska aspire to offer areas people prefer to live and visit and
a strong public art expression offers communities a stronger
sense of place and identity. Therefore, she expressed, public
art reflects community and cultural identities and creates
public investment and pride in the city and state. She
explained that funds from percent for art commissions also
support fabricators, electricians, welders, engineers, and other
skilled workers. According to Americans for the Arts, cities
with an active and dynamic cultural scene are more attractive to
individuals and businesses. She said that public art stimulates
learning about art, environments, inter-connected lives, and the
social sphere as a whole. Investing helps to diversify the
state's art economy through recognition of the roles artists
play as small business owners. Lastly, she advised, HB 160 will
not impact the state's overall operating or capital budgets
because percent for art funds are specifically allocated to
construction budgets and would likely be reallocated to other
construction expenses within each individual project.
CHAIR LYNN advised that the bill is not for or against art, but
is a moratorium on one percent for art.
8:30:50 AM
SHANNON DAUT, Executive Director, Alaska State Council on the
Arts, explained that at the time one percent for art was passed,
the State of Alaska was 16 years old, and a pioneer in the
movement of integrating public art into public buildings.
Thereby, she said, creating a more open and assessable
environment for interaction within public spaces. Through the
years an incredible collection of assets has been developed
reflecting the state's cultural history and, she pointed out,
these assets are the sole part of construction budgets that
appreciates over time. She then discussed the role the program
plays for artists in making a living, improving Alaska's
financial picture, quality of life, and outlined the national
standards that the Alaska State Council on the Arts adheres to
when presenting a commission. She expressed that the council
understands the budget situation and everyone feels like "they
are in this together," but this moratorium would
disproportionally cut the arts and artists, and the percent for
arts program was designed to contract when the capital budget
shrinks, "it's kind of built in, in the cake."
8:35:09 AM
CHAIR LYNN asked for clarification as to whether Ms. Daut stated
"art is part of the eco-system."
MS. DAUT responded that artists must be smart in creating a
career for themselves as independent sole proprietor and within
this eco-system there are a variety of different things that
assists artists in moving forward. She related that it
includes: professional development, gallery sales, gallery
representation, working in schools with children, teaching at
universities or in schools, and that public art is a significant
component of that. Finances are just one piece, as within each
of the projects contractors, fabricators, welders, are hired,
and often artists going through the process of public commission
are able to hone their skills with a greater level of
sophistication in which they approach their businesses. Lastly,
she said, the public art commission can help gain exposure for
artists nationally and internationally.
8:37:31 AM
ANNE COATES McGRATH, Anchorage, Alaska, said she grew up in
Anchorage, is a graphic designer and artist, and that her mother
Pam Coates was very involved in the percent for arts program.
She said the rich culture and environment inspired her to become
an artist, so she traveled to Los Angeles to attend an arts
school for design, and returned to Alaska a few years ago due to
the naturally rich beauty and culturally rich communities. She
related that public art provides access to everyone, and can be
inspirational through its stories in a manner beyond the reach
of common language. It is important to provide children access
to art even though their parents may not be deeply involved, as
some of the children continue on and become artists, architects,
and designers, which impacts the world in positive ways. She
stressed that public art is essential to communities and she
would be disappointed to see the rich cultural element hampered
in any manner.
8:41:29 AM
KESLER WOODWARD, Vice Chair, Alaska State Council on the Arts,
said he is testifying on his own behalf and as the president of
the Alaska Arts and Culture Foundation, not for profit. He
fervently urged the committee not to be lulled into believing
that the five year moratorium will have an effect other than to
kill this highly successful work program, and that the
moratorium will have no positive impact on state budgets. He
pointed out that 40 years ago, when Alaska was a young and
visionary state, Alaska became the third state in the country to
adopt the percent for art law and currently more than half of
the states have thriving programs of this sort. He related that
he has a sense of what Yogi Berra famously called "Déjà vu all
over again," as over the decades legislation has been proposed
several times to repeal this law. The issue of the cost of the
program has been raised over the decades and, he remarked, the
issue was successfully explained in that repeal of this law
would not save the state any money because the statute requires
that one percent of existing "state capital construction
budgets" be used for art in public buildings. He pointed out
that repealing this law will not lower the cost of state
buildings and will only impoverish the "built" environment. He
reminded the committee that it has received compelling
testimonies from councils and artists on these facts, and
reiterated that there is no state funding on top of existing
capital construction budgets.
8:45:36 AM
REPRESENTATIVE KELLER referred Mr. Woodward and other
testimonies that [repeal] would have absolutely no effect on the
operating or capital budget. He stressed that while he deeply
appreciates the value of art and the enrichment of Alaskans,
there is a portion of state revenue being spent. He opined that
the blanket statement goes too far by declaring it has no
effect.
MR. WOODWARD answered that state building cost what they cost
and allocations are made within the capital construction budget,
and those figures are set. He explained that one percent is not
added on top of that capital construction budget in order to buy
art as that art comes out of that budget the same as "everything
else." It goes for the same things the rest of the construction
budget goes for such as, design, engineering, and outfitting of
those buildings. He said if this one percent was not spent on
art, it would be spent on such things as windows, flooring, and
bathrooms. He offered that a successful case has been made over
the years that eliminating this program won't save any money and
that it is a false belief to think that the building will cost
one percent less, as the building will cost just the same.
8:47:58 AM
REPRESENTATIVE KELLER commented that he has a construction
background and if there is a one percent requirement on the
cost, assuming this is all operated on a bid system, it does
have an impact on the bids. He referred to Mr. Woodward's
statement that 40 other states have similar programs, and asked
whether they are all state sponsored programs.
MR. WOODWARD clarified that he said just over half of the states
in the country now have a program of this sort, and 26 states
with a percent for arts program mandates that a small percentage
of funding is included for state funded buildings.
8:49:40 AM
CHAIR LYNN passed the gavel to Vice Chair Keller as he had to
leave and present a bill in the Senate State Affairs Standing
Committee. He advised that he supports CSHB 160, and would like
to move it out of committee.
8:50:11 AM
JUNE ROGERS, Executive Director, Fairbanks Arts Association,
expressed concern for CSHB 160, and acknowledged the dire
circumstances before the legislature and is grateful for their
pursuit of budget solutions. However, she said, she cannot
support the advancement of this bill as the economics of budget
decisions do not hold up to scrutiny. Repealing the act would
not bring new dollars to the budget, rather it would be
reallocated to other costs in each individual capital project
budget. She pointed out that when investing state dollars in
public art or enhancements, it is important to understand the
results expected. Artists are a significant segment of a
community's diversity of economics, she described, and their
work is important to the advancement of their own small business
ventures and those of their suppliers. She pointed out that the
appreciation of a piece of art is something to think about, and
questioned which segment of Alaska's economy is expendable.
There are areas of excess in the budget that can and should have
been cut before being compelled to reckon with the current
budget problems, she expressed.
8:53:05 AM
NANCY DeCHERNEY, Executive Director, Juneau Arts & Humanities
Council, referred to the questions regarding whether the state
is saving money by eliminating the percent for art, and advised
that simply because "it is a percentage of something that if
there is no ... a percent of zero is still zero." She opined
that she does not know whether there is an analysis of the
income actually seen from having public art in Alaska's airports
and public buildings, and noted that the Juneau State Capitol
Building is a source of tourist destination having to do with
its history and also the beautiful building with pieces of art.
The business of jobs has come forward and the amount of work
developed by local artists and they are working hard to use the
arts in a creative fashion to make Juneau a center for Northwest
Coast art, she explained. Ms. DeCherney suggested the committee
to not only consider the one percent savings over a period of
time, but to also contemplate what might be lost over a period
of time by not investing art into Alaska's public.
VICE CHAIR KELLER closed public testimony after ascertaining
that no one further wished to testify.
8:55:51 AM
REPRESENTATIVE GRUENBERG offered that his step-father was an
artist and his art work appears in San Francisco, and somewhat
in Alaska. He said he has no financial interest in this, but
has a spiritual interest and agrees with those who have weighed
in against this bill.
8:57:10 AM
REPRESENTATIVE KREISS-TOMKINS offered concerns about the bill,
and although he appreciates the intent and motivation of the
sponsor given the current climate, opined that this would be
looking in the wrong direction. He referred to Representative
Talerico's comments in that with one percent for the art there
are very small commissions parceled out to local artists. He
said that not only does this money stay local, it stays "ultra-
local" and continually recirculates creating a huge amount of
activity proportional to the relatively small amount of money
being discussed. In reviewing the economic sense, he described
a huge return for a small investment. He advised that he spoke
with someone in this building regarding the University of Alaska
system who believes the University of Alaska should be the
University for Alaska. He related differences when comparing
the University of Kansas to the University of Alaska in that
various campuses speak to programs such as, arctic engineering,
GEO physics, and cold climate housing research. He then
referred to buildings in Alaska, public schools, and public
facilities and said it is important that the places Alaskans
live and work do not look like buildings in other states. He
said in growing up around Alaska, the one percent for art
effectively differentiated and presented students with a sense
of place and identity, and possibly patriotism for Alaska.
9:00:01 AM
VICE CHAIR KELLER commented that some of the testimony makes it
appear this is a vote for or against art, which puts everyone in
a bad spot. He opined that the question is whether the state
will subsidize art, even though it has been portrayed as not a
subsidy and rather an innocent requirement that one percent
extra be spent on public buildings. He further opined that it
translates out to subsidy.
9:00:57 AM
REPRESENTATIVE GRUENBERG commented that his former brother-in-
law, a well-known local artist, sculpted the bear across the
street, the bears at DiPac, and will be sculpting the whale. He
related that everyone in Juneau views those sculptures on a
daily basis. He said he will not be offering amendments.
9:02:18 AM
VICE CHAIR KELLER announced HB 160 was held over.