02/17/2010 08:00 AM House EDUCATION

         HB 311-STATE COUNCIL ON THE ARTS; REGULATIONS                                                                      
                                                                                                                                
9:17:00 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 311, "An  Act providing the Alaska  State Council                                                               
on the  Arts the authority  to adopt regulations relating  to its                                                               
statutory  powers  and duties;  and  providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
9:17:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KYLE   JOHANSEN,   Alaska   State   Legislature,                                                               
testified that  HB 311 provided  the Alaska State Council  on the                                                               
Arts  the   authority  to  adopt  regulations   relating  to  its                                                               
statutory powers  and duties.   He reported that, as  the Council                                                               
was working  to streamline  its policies,  the Department  of Law                                                               
(DOL) had  informed the  Council that there  was not  a statutory                                                               
authority for  its actions.   He  noted that  the Council  on the                                                               
Arts  had been  an  ongoing  program since  1966.    The DOL  had                                                               
suggested that the legislature codify  the process, hence HB 311.                                                               
He pointed  out that  the Council had  distributed more  than $42                                                               
million in grants to more than 4000 recipients.                                                                                 
                                                                                                                                
REPRESENTATIVE   JOHANSEN  shared   a  list   of  the   statewide                                                               
beneficiaries  for advancement  of  the arts  from  the last  few                                                               
years  to include:  Anchor  Point,  Anchorage, Chugiak,  Cordova,                                                               
Douglas, Elam,  Fairbanks, Girdwood,  and Gustavus.   He directed                                                               
attention  to   the  economic  benefit   this  provided   to  the                                                               
communities.                                                                                                                    
                                                                                                                                
9:22:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER asked if  the intervening regulations that                                                               
were enacted over the prior 40 years would need to be voided.                                                                   
                                                                                                                                
REPRESENTATIVE JOHANSEN  replied that  the Council  would process                                                               
the regulations through the Administrative Procedure Act.                                                                       
                                                                                                                                
9:23:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BUCH  asked if there  would be testimony  from the                                                               
DOL.                                                                                                                            
                                                                                                                                
9:24:10 AM                                                                                                                    
                                                                                                                                
SONYA  CHRISTIANSEN,  Staff   to  Representative  Kyle  Johansen,                                                               
Alaska State Legislature,  replied that the DOL  was available to                                                               
testify, and  that she  was not  aware of  any resistance  to the                                                               
bill.                                                                                                                           
                                                                                                                                
9:24:52 AM                                                                                                                    
BEN BROWN,  Chairman, Alaska  State Council  on the  Arts (ASCA),                                                               
explained  that the  ASCA  had  a modest  re-grant  program.   He                                                               
reviewed  the history  of the  Council and  explained the  grants                                                               
program, including  the federal matching  funds.  He  declared it                                                               
to be a  vital cornerstone for the arts in  many communities.  He                                                               
reflected that  the council  had decided  that the  grant program                                                               
was  in  need of  an  update,  as it  was  not  efficient to  ask                                                               
recipients  for  annual  updates  versus  biannual  or  triennial                                                               
reports.  Upon investigation, it  was determined that the council                                                               
had  no  regulatory  authority,  so the  DOL  had  suggested  the                                                               
legislature amend  the enabling  statute to now  provide explicit                                                               
regulatory authority.                                                                                                           
                                                                                                                                
9:31:27 AM                                                                                                                    
                                                                                                                                
REBECCA  HATTAN, Assistant  Attorney General,  Department of  Law                                                               
(DOL), in response  to Chair Seaton, said that  the bill language                                                               
appeared to be in  order and that DOL saw no  problem with it, as                                                               
long  as  the  Council  went   back  through  the  Administrative                                                               
Procedure Act to readopt all the existing regulations.                                                                          
                                                                                                                                
9:32:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BUCH  asked if  it  was  a major  undertaking  to                                                               
reconcile the past 40 years.                                                                                                    
                                                                                                                                
MS. HATTAN  replied that  it did  not appear  to be  an excessive                                                               
time  commitment.   She  explained that  there  would be  waiting                                                               
periods involved,  for public input, but  that it would not  be a                                                               
demanding process which should move fairly quickly.                                                                             
                                                                                                                                
9:34:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ  asked if the  current ASCA  regulations all                                                               
pertained to the re-grants program.                                                                                             
                                                                                                                                
MR. BROWN  confirmed that not  all of the regulations  would need                                                               
to  be re  adopted.   He clarified  that HB  311 would  primarily                                                               
affect  the  re-grant program  regulations  and  that any  future                                                               
regulations would be under this new regulatory authority.                                                                       
                                                                                                                                
9:35:43 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  pointed  out that  the  House  Education  Standing                                                               
Committee was the  only committee of referral, so  the bill would                                                               
be held in order to allow for public comment.                                                                                   
                                                                                                                                
9:36:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BUCH asked  if this  would allow  the DOL  enough                                                               
time.                                                                                                                           
                                                                                                                                
MS. HATTAN  replied that the time  line was adequate for  the DOL                                                               
to approve the legislation.                                                                                                     
                                                                                                                                
[HB 311 was held over.]