Legislature(2021 - 2022)BUTROVICH 205
03/09/2021 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB71 | |
| SB23 | |
| SB76 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 23 | TELECONFERENCED | |
| *+ | SB 71 | TELECONFERENCED | |
| *+ | SB 76 | TELECONFERENCED | |
SB 71-COUNCIL ON ARTS: PLATES & MANAGE ART
3:33:06 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 71
"An Act relating to special request registration plates
celebrating the arts; relating to artwork in public buildings
and facilities; relating to the management of artwork under the
art in public places fund; relating to the powers and duties of
the Alaska State Council on the Arts; and providing for an
effective date."
He noted who was available to answer questions.
3:33:41 PM
SENATOR GARY STEVENS, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 71, stated the Alaska State Council on the Arts
("Arts Council") requested this legislation because of
complications with their 2019 budget due to COVID-19. He
explained that the bill amends the existing license plate
program and provides the Arts Council with additional revenue
from supporters of the program. He deferred further introduction
to Mr. Lamkin.
3:34:38 PM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, Juneau, Alaska, stated that SB 71 allows the DMV to
collect an additional fee for the artistic license plate and use
the money for the Arts Council's budget. The intention is to
reduce the agency's dependency on the general fund. The bill
acknowledges that the attorney general is typically legal
counsel for the Arts Council but it also provides a means to
engage outside counsel as needed, consistent with other
agencies. Importantly, the bill holds the Arts Council's private
fundraising activities harmless from vetoes of the Executive
Budget Act.
MR. LAMKIN stated that SB 71 also removes the mandate for the
Arts Council to hold the artistic license plate design
competition every four years and makes it discretionary. The
Arts Council is also able to compensate the winning artist
modestly for his/her artwork. Furthermore, the bill adds clarity
to the Arts Council's authority to not only manage the art it
has commissioned and paid for, but also to decommission or
retire that art when the time comes.
MR. LAMKIN noted the chair of the Arts Council was available as
invited testimony and to answer questions.
CHAIR SHOWER recognized Benjamin Brown.
3:37:18 PM
BENJAMIN BROWN, Chair, Alaska State Council on the Arts, Juneau,
Alaska, began his testimony on SB 71 recounting his long service
volunteering with the Arts Council, starting with his
appointment by then Governor Frank Murkowski to be vice chair.
MR. BROWN characterized SB 71 as simple but important because it
allows the Arts Council to carry more of its own weight by
monetizing the Alaska Artistic License Plate Program. He related
that the Arts Council felt that, particularly in response to the
state's ongoing fiscal crisis, it made sense to get a modest
amount of money from the extremely popular artistic license
plates that currently have no surcharge. This reduces the
agency's dependence on undesignated general funds.
3:39:15 PM
MR. BROWN reminded the committee of the federal requirement
under the National Arts and Humanities Act. Every state with a
state arts agency must provide a state match to qualify to
receive money from the National Endowment for the Arts. In the
current budget, slightly less than $700,000 from the State of
Alaska through the legislature will trigger a little more than
that from the National Endowment for the Arts. Arts Council
partners then more than match those funds. He said he is not
aware of any other agency in state government that offers such a
valued proposition. The Arts Council is very proud of that and
wants to continue on that trajectory, he said. SB 71 will help
in that effort.
3:40:15 PM
MR. BROWN explained that the issue of legal counsel arose with
the governor's veto of the Arts Council budget in 2019. He said
the legal advice the agency was getting from the assistant
attorney general was not harmonious with its needs. He related
that the administration is amenable to the exemption from the
Executive Branch Budget Act for the Arts Council foundation
partner money because those are neither state nor federal funds.
He recalled that it was Mr. Lamkin's idea to make the license
plate competition non-mandatory. He noted that it would have
been impossible to meet that mandate if the competition had
cycled when the veto occurred. He noted that Mr. Lamkin also
suggested the provision to require the Arts Council to assume
the duty of managing and adopting policies and procedures for
the relocation, disposition, and exchange of works of art from
the art in public places fund. He said this is a necessary
change because nothing lasts forever. It is better to be
proactive in the management and disposal of the public assets in
a manner that respects the artist and the public investment, he
said.
CHAIR SHOWER found no questions and asked Mr. Lamkin to walk
through the sectional analysis.
3:43:30 PM
MR. LAMKIN presented the sectional analysis for SB 71.
Sec. 1: AS 28.10.421(a), relating to fees paid to the
Division of Motor Vehicles (DMV) for vehicle
license plates, allows for an additional
fee, set by Alaska State Council on the Arts
(ASCA) regulation, and not to exceed $50,
when a person chooses a new or replacement
ASCA artistic plate.
The subsection also provides that these
additional fees will be accounted for
separately and that the total amount that
exceeds the costs of the Artistic License
Plate Program may be appropriated to fund
the ASCA.
3:44:30 PM
Sec. 2: AS 35.27.020(h), relating to the Art Works in
Public Buildings and Facilities program,
adds a new subsection to specify ASCA's
management responsibility for public artwork
created under the program, to include the
management of the relocation, disposition,
or exchange of such artwork.
Sec. 3: AS 44.27.050(7), relating to the duties of the
ASCA, is a cross reference to the prior
section, specifying ASCA's management
responsibility for public artwork created
through its programs, to include the
management of the relocation, disposition,
or exchange of such artwork.
Sec. 4: AS 44.27.053(a), establishes the Attorney
General being legal counsel for ASCA,
similar to other state agencies, and allows
the ASCA to retain additional legal counsel
as needed, subject to the approval of the
Attorney General.
Sec. 5: AS 44.27.055(d), relating to the ASCA managing
its affairs, exempts from the purview of the
Executive Budget Act those funds received by
ASCA from private non-profit foundation
partners.
Sec. 6: AS 44.27.080(a), relating to an ASCA-sponsored
competition for artistic plates design, from
being mandatory to being optional, every
four years, at the discretion of ASCA.
3:46:04
Sec. 7: AS 44.27.080(c), relating to the artistic
plate design competition, restores authority
for the ASCA to award the artist of the
winning design a monetary amount set in
regulation, from the funds generated by the
artistic plates. This provision was repealed
in 2018.
Sec. 8: Provides an effective date of July 1, 2021.
3:46:24 PM
CHAIR SHOWER asked if the sponsor anticipated less interest in
the ceremonial arts license plate because it would no longer be
free of charge.
MR. LAMKIN replied the expectation is a slight drop in demand,
but the modest $5 fee seeks to minimize the reduction. He noted
that the fiscal note acknowledges that the drop in demand is
just a guess.
CHAIR SHOWER asked if any associated program costs associated
with this change could affect the undesignated general fund
(UGF) budget.
MR. LAMKIN directed attention to the Arts Council fiscal note
that reflects a one-time $6,000 increment for legal fees to
change the regulations.
3:49:08 PM
SENATOR REINBOLD referred to the provision in the new paragraph
(7) on page 3, line 4, and asked if the art in public places
fund is the same as the one percent for art.
MR. LAMKIN deferred to Mr. Brown.
3:49:59 PM
MR. BROWN replied those are two separate programs. The percent
for art is in Title 35, Chapter 27. It calls for a piece of art
to be put in a new facility. The art in public places fund holds
the proceeds from the one percent allocated for a construction
project that are not spent on a project. When the balance in the
account reaches say $50,000, the Arts Council will issue a call
for pieces to accession to their contemporary art bank. He noted
that many legislators have pieces from the contemporary art bank
in their offices. These pieces also hang in university
buildings, courthouses and other public facilities where
Alaskans go for services. The Arts Council has clear authority
in its enabling statute to manage and deaccession pieces in the
contemporary art bank but it has no clear authority to help with
art that is part of buildings. He advised that this part of SB
71 is meant to clarify that because it makes sense for the Arts
Council to treat all its art equally.
3:51:50 PM
SENATOR REINBOLD asked if the bill authorizes the Arts Council
to work on the art in the schools in her district that were
heavily damaged by the earthquake and potentially will be
upgraded.
MR. BROWN replied the bill gives the Arts Council the statutory
authority to develop policies and procedures and they would like
those to include the ability to rehabilitate the art in those
sorts of public places. He described that as a good example of
the need for this authority for the Arts Council.
SENATOR REINBOLD voiced support for the bill, advocated for the
artists in her district, and asked what year the one percent for
art program passed.
MR. LAMKIN recalled it was in the '70s.
MR. BROWN agreed with the guestimate.
3:55:07 PM
CHAIR SHOWER held SB 71 in committee for future consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 71 Arts Council Sponsor Statement.pdf |
SFIN 4/6/2021 9:00:00 AM SSTA 3/9/2021 3:30:00 PM |
SB 71 |
| SB 71 Bill V.i.pdf |
SSTA 3/9/2021 3:30:00 PM |
SB 71 |
| SB 71 DMV License Plate Options.pdf |
SFIN 4/6/2021 9:00:00 AM SSTA 3/9/2021 3:30:00 PM |
SB 71 |
| SB 71 Sample Plates Plate Demand.pdf |
SFIN 4/6/2021 9:00:00 AM SSTA 3/9/2021 3:30:00 PM |
SB 71 |
| SB 71 Sectional Analysis.pdf |
SFIN 4/6/2021 9:00:00 AM SSTA 3/9/2021 3:30:00 PM |
SB 71 |
| SB 23 version A.pdf |
SSTA 3/9/2021 3:30:00 PM |
SB 23 |
| SB 23 Sponsor Statement.pdf |
SJUD 2/9/2022 1:30:00 PM SSTA 3/9/2021 3:30:00 PM |
SB 23 |
| SB 23 Fiscal Note 21.pdf |
SSTA 3/9/2021 3:30:00 PM |
SB 23 |
| SB 23 Research - NCSL States that Allow Severability Clauses in Ballot Initiatives.pdf |
SJUD 2/9/2022 1:30:00 PM SSTA 3/9/2021 3:30:00 PM |
SB 23 |
| SB 76 FIscal Note 2348.pdf |
SSTA 3/9/2021 3:30:00 PM |
SB 76 |
| SB 76 Letters of Support.pdf |
SSTA 3/9/2021 3:30:00 PM |
SB 76 |
| SB 76 Sponsor Statement.pdf |
SSTA 3/9/2021 3:30:00 PM |
SB 76 |
| SB 76 Sectional Analysis ver. A.pdf |
SSTA 3/9/2021 3:30:00 PM |
SB 76 |