Legislature(2017 - 2018)BUTROVICH 205
03/03/2017 08:00 AM Senate EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| Presentation: Broadband Access in Alaska's School Districts | |
| SB66 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SB 66 | TELECONFERENCED | |
SB 66-ST. COUNCIL ON THE ARTS: PUBLIC CORP.
9:10:59 AM
CHAIR HUGHES related that SB 66 is a committee bill that would
quasi-privatize the Alaska State Council on the Arts (ASCA) by
restructuring it as a public corporation to allow ASCA to
increase its ability to leverage funds from non-governmental
contributors and better adapt to the shifting economic climate
in Alaska. This effort responds to the widespread interest in
governmental entities to at least partially privatize their
operations and increase their operating efficiency.
9:11:30 AM
JOSHUA BANKS, Staff, Senator Shelly Hughes, Alaska State
Legislature, presented the sectional analysis of SB 66 on behalf
of the sponsor. He read:
Section 1 (Pages 1-4): Amends AS 39.25.110 concerning
exempt state employees to add all employees of the
Alaska State Council on the Arts (ASCA), thus making
employees of ASCA exempt from the State Personnel Act.
Section 2 (Pages 5-7): Adds artists' submissions made
in response to an inquiry or solicitation initiated by
the Alaska State Council on the Arts, to the list of
records that are exempt from public inspection under
AS 40.25.120.
Section 3 (Page 7): Repeals and re-enacts AS 44.27.040
regarding the creation of ASCA, to establish the
Council as a separate and independent public
corporation of the state of Alaska within the
Department of Education and Early Development (DEED).
Section 4 (Page 7): Amends AS 44.27.041 to charge ASCA
to be governed by an 11-member board of trustees, adds
literary arts as a field represented within the board,
and a member's expertise, rather than interest, as a
factor for consideration for board membership.
Section 5 (Page 7): Amends AS 44.27.042 to replace the
term "members" with the term "trustees" and "council"
with "board of trustees".
Section 6 (Page 8): Amends AS 44.27.043 to replace the
term "member" with "trustee".
Section 7 (Page 8): Replaces the term "members" with
the term "trustees" in AS 44.27.044 and replaces
language that entitles trustees to be reimbursed for
travel expenses at the same rate of members of state
boards under AS 39.20.180.
Section 8 (Page 8): Amends AS 44.27.045 to use gender-
neutral terms for board members.
Section 9 (Page 8-9): Amends AS 44.27.050 to require
the council to encourage literary arts as well as
other disciplines, invest in arts throughout the
state, and conduct research into artistic and cultural
activities throughout the state.
9:14:22 AM
Section 10 (Page 9): Amends AS 44.27.052(a) to replace
"educational objectives with "strategic" objectives as
it relates to the council's ability to enter into
contracts and accept gifts, contributions, and
bequests.
Section 11 (Page 9-10): Amends AS 44.27.054 to replace
language with the proper terms "chair" and "trustees"
previously established and makes a conforming
amendment to Section 1.
Section 12 (Page 10): Adds a new section to AS 44.27
detailing the administration of affairs of the board
of trustees. The board of trustees shall manage the
assets of the council, establish and amend bylaws
governing the business of the corporation, and employ
an executive director to supervise the administration
of ASCA. This section also exempts ASCA from the State
Procurement Code (AS 36.30), instructs the board of
trustees to establish procedures for procurement, and
requires consistency with the Alaska Veterans
preference established in AS 36.30.32(f). The
operating budget of ASCA is subject to the provisions
established in the Executive Budget Act (AS 37.07).
9:15:39 AM
Section 13 (Page 10): Amends AS 44.27.058 to require
that ASCA comply with the 20 U.S.C 951 - 960 (National
Foundation on the Arts and the Humanities Act of 1965)
as it relates to the receipt and disbursement of funds
from the National Endowment for the Arts.
Section 14 (Page 10-11): Amends AS 44.27.060 to add
new subsections (e) and (f) regarding confidentiality
of artist submissions and adds a provision for public
disclosure to submissions when the artist is awarded a
commission for said submission. However, under
subsection (g), subsections (e) and (f) do not apply
if the submission was created as a work for hire under
17 U.S.C. 101 or if the artist's copyright has been
transferred under 17 U.S.C. 204.
Section 15 (Page 11): Amends AS 44.27 to add
definitions for "board of trustees" and "council".
9:16:53 AM
Section 16 (Page 11-12): Creates transition language
for ASCA to allow council members to remain on the
board of trustees until their term is over, allows
current employees to remain with ASCA, allows
regulations, contracts, rights, liabilities, and
obligations created under current law to remain in
effect, and allows ASCA to retain all records,
equipment, appropriations, and other property.
Section 17 (Page 12): Creates an effective date for
this legislation as July 1, 2017.
9:17:31 AM
CHAIR HUGHES noted that Section 12 allows for the hiring of an
executive director; it is not adding a new position.
MR. BANKS said that was correct. ASCA currently has an executive
director.
9:18:03 AM
SENATOR COGHILL asked if there is a timeline for members to
become trustees.
MR. BANKS deferred the question to Mr. Brown or Ms. Nobel-
Pelant.
SENATOR COGHILL said he is reluctant to put U.S. Code
requirements into state statute because it unknown whether the
state is in compliance. He suggested those requirements be
spelled out in Section 13. He also inquired whether trustees
have new responsibilities.
MR. BANKS offered to work on those issues.
9:19:13 AM
BENJAMIN BROWN, Chair, State Council on the Arts (ASCA),
presented information on SB 66. He said the reason behind the
request to restructure ASCA was due to the state fiscal crisis
and issues that have arisen even before the budget situation.
Due to ASCA receiving more private foundation money, they have
been hamstrung by the State Procurement Code. They decided to
put together a package of the best ways to make ASCA more
effective. He thanked the committee for taking up their request.
He noted the House Education Committee has a companion bill. He
concluded that ASCA is trying to be part of the solution, not
part of the problem.
He addressed Senator Coghill's question. He said the National
Arts and Humanities Act mandates that state art agencies be
under the auspices of state government. Their funding must be
matched dollar for dollar. It also mandates that 40 percent of
funding pass through state arts agencies. He emphasized that SB
66 references federal requirements for purposes of clarity. It
does not add any more requirements of the legislature.
He offered to answer questions.
9:23:19 AM
CHAIR HUGHES noted the bill will be held over and questions
could be considered at the next meeting.
9:23:44 AM
ALICE BIOFF, Member, State Council on the Arts (ASCA), testified
in support of SB 66. She shared her personal background and work
with Kawerak, the regional non-profit consortium of tribes for
the Bering Straits region as a business planning specialist. She
spoke of her work with artists within the region. Kawerak
provides direct technical assistance to artist entrepreneurs.
She has seen firsthand how important ASCA is to artists in
supporting their work. The restructuring of ASCA strengthens
this support and will provide better funding opportunities and
better tools and services. SB 66 streamlines the process ASCA
will use to present opportunities to artists all over Alaska.
9:26:38 AM
ANDREA NOBLE-PELANT, Executive Director, Alaska State Council on
the Arts, testified in support of SB 66. She shared her personal
background. She said the timing of SB 66 is opportune, as
Alaska's creative industry is currently growing due to targeted
public and private investments in the past ten years. She
described the efforts of ASCA and the grants, programs, and
private programs it provides to Alaskan artists. SB 66 will
allow new and existing programs to reach more Alaskans with
increased impact and efficiency.
She related that ASCA works with constituents to oversee
projects and initiatives that build capacity for arts
organizations and provide practical and professional development
and opportunities for artists. She named several programs ASCA
works with, such as those with PTSD, incarcerated persons, and
more. They have long-standing partnerships with the Rasmuson
Foundation, the Alaska Arts and Culture Foundation, and the
Atwood Foundation. She listed new partners, which were inspired
by ASCA's work. Other partners include the Alaska Humanities
Forum, and the Western States Arts Federation. Funding from
partners goes back to Alaska residents and communities as
grants, programs, and services. She concluded that SB 66
provides flexibility for ASCA to manage projects in a timely
manner and to work across sectors, and it strengthens ASCA's
ability to secure future funding.
CHAIR HUGHES thanked the presenters.
MR. BROWN addressed Senator Coghill's question about expertise
of council members. He stated that everyone currently on the
council has expertise in one of the enumerated art areas and
qualifies to continue.
9:31:28 AM
CHAIR HUGHES held SB 66 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 66 - Sponsor Statement.pdf |
SEDC 3/3/2017 8:00:00 AM |
SB 66 |
| SB 66 - Legislation Ver. D.PDF |
SEDC 3/3/2017 8:00:00 AM |
SB 66 |
| SB 66 - Sectional Analysis.pdf |
SEDC 3/3/2017 8:00:00 AM |
SB 66 |
| SB 66 - Fiscal Note - DOA-DOP-02-24-17.pdf |
SEDC 3/3/2017 8:00:00 AM |
SB 66 |
| SB 66 - Fiscal Note - EED-ASCA-2-24-17.pdf |
SEDC 3/3/2017 8:00:00 AM |
SB 66 |
| SB 66 - Supporting Document - WESTAF Letter of Support.pdf |
SEDC 3/3/2017 8:00:00 AM |
SB 66 |
| SB 66 - Supporting Document - Benjamin Brown Editorial.pdf |
SEDC 3/3/2017 8:00:00 AM |
SB 66 |
| SB 66 - Supporting Document - Alaska Public Media Article.pdf |
SEDC 3/3/2017 8:00:00 AM |
SB 66 |
| Legislative Testimony March 3v.4.pdf |
SEDC 3/3/2017 8:00:00 AM |
|
| TestimonyGraphic-V2 .pdf |
SEDC 3/3/2017 8:00:00 AM |
|
| BandwidthScenariosInSchools.pdf |
SEDC 3/3/2017 8:00:00 AM |