Legislature(2019 - 2020)BUTROVICH 205
03/05/2020 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB133 | |
| SB97 | |
| SB183 | |
| SCR11 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 133 | TELECONFERENCED | |
| += | SB 97 | TELECONFERENCED | |
| *+ | SB 183 | TELECONFERENCED | |
| *+ | SCR 11 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 97-ART IN PUBLIC BUILDINGS & FACILITIES
4:20:03 PM
CHAIR REVAK announced the consideration of SENATE BILL NO. 97,
"An Act repealing statutes that relate to art works in public
buildings and facilities and that require a set percentage of
construction costs to be spent on art."
4:20:31 PM
SENATOR WILSON speaking as sponsor, said this bill would repeal
the one percent for art program. He read:
In 1975, the Alaska Legislature passed a bill
requiring the expenditure of one percent of the
capital construction costs of public buildings for the
acquisition and permanent installation of artwork.
Senate Bill 97 would repeal the "Percent for Art in
Public Places" statute.
He said this program isn't managed by a single department or
agency and expenditures are not tracked in any central
repository. The artists are awarded via public art commissions
and perform the work. Artists are paid in the same manner as
contractors, he said. He expressed concern that some artists are
nonresidents.
SENATOR WILSON said SB 97 would remove the state mandate that
requires the program, but it will not forbit art from being
installed in state buildings. He reported that $14 million was
spent for this program between FY 2014 and FY 2018 in schools,
court buildings, and state ferries, including $700,0000 for art
at the state crime lab. He noted that the graph in members'
packets details the spending.
SENATOR WILSON referred to AS 35.27.010. which reads, "The state
recognizes its responsibility to foster culture and the arts and
the necessity for the viable development of its artists and
craftsmen." He said he disagrees with this statement because the
state currently faces fiscal challenges. He asked if the state's
priorities when building capital projects should focus on the
art in buildings or whether it should focus on the quality and
functionality of the buildings. He argued that the state simply
cannot continue to subsidize art with its limited resources. He
expressed concern that funding is not available for art programs
in schools.
He said SB 97 includes a transition provision to allow the
Alaska State Council on the Arts to continue to manage the art
in public places fund until the balance in the fund has been
exhausted.
4:24:40 PM
SENATOR WILSON delivered the following sectional analysis for SB
97:
Section 1: Conforming amendment to AS 44.27.052(a) to
remove references to AS 44.27.060, the Art in Public
Places Fund. (Page 1, lines 4-14, page 2, lines 1-6)
Section 2: Confirming amendment to AS 44.35.030 to
remove reference to Art Works in Public Buildings and
Facilities. (page 2, lines 7-11)
Section 3: Repeals the "Art Works in Public Buildings
and Facilities" and the "Art in public places fund"
statutes. (page 2, lines 12-13)
Section 4: Adds a transitional provision allowing the
Alaska State Council on the Arts to continue to manage
the art in public places fund until the balance of the
fund is exhausted. (page 2, lines 14-19)
SENATOR WILSON concluded by paraphrasing the sponsor statement:
As we work towards a fiscally responsible budget,
every expenditure is being carefully analyzed. During
these challenging fiscal times, we must reduce funding
for non-essential services and focus on our core
priorities, such as public safety, education, and
ensuring that the Permanent Fund Dividend is protected
for generations to come. In 1975, the Alaska
Legislature passed a bill requiring the expenditure of
one percent of the capital construction costs of
public buildings for the acquisition and permanent
installation of artwork. Senate Bill 97 would repeal
the "Percent for Art in Public Places" statute. At a
time when all departments are facing reductions, we
simply cannot continue to subsidize art with our
limited resources. Ralph Waldo Emerson declared that
"Beauty will not come at the call of the
legislature.... It will come, as always, unannounced,
and spring up between the feet of brave and earnest
men." Alaskans highly value the beauty that creative
minds produce to inspire us all. I have no doubt that
the art of our great state will continue to flourish
with support from individuals and private-sector
charitable giving. I urge your support of Senate Bill
97.
4:27:04 PM
SENATOR COGHILL asked if he had considered any barriers to
receiving art to be placed in public buildings.
SENATOR WILSON answered that his goal with SB 97 is to delete
the requirement for a percentage of art during the construction
phase, but not to eliminate the authority for art in buildings.
SENATOR COGHILL asked if a local group would have the ability to
create a special art project in an airport or school.
SENATOR WILSON said it would be necessary to check the authority
of each department because the program does not have a central
source.
4:30:05 PM
BENJAMIN BROWN, Chair, Alaska State Council on the Arts,
Department of Education and Early Development, Juneau, Alaska,
agreed that the state is facing a fiscal crisis. He also pointed
out that the Alaska State Council on the Arts has tried to be a
part of the solution by leveraging nongovernmental funding to
match the state's investment. The Alaska State Council on the
Arts strongly supports the percent for art program, so he is
speaking against the bill. He said he understood the sponsor's
frugality in this challenging economic time.
He explained that Alaska was the third state to adopt the
percent for art program, following Hawaii and Washington. He
related his own experiences, including that he has enjoyed the
public art in schools created by the program. It made his
educational experiences better. He has also worked in all three
branches of government and the public art in the buildings he
worked in made them better places for him to work. Art elevates
the general public's experience in state facilities, he said. In
fact, it is difficult to quantify what it would be like if the
art were not there. He pointed out the art in this meeting room
is not part of the art bank, but the program does loan art to
legislators and under the bill that would go away.
He acknowledged that one percent of $100 million, or $1 million,
could seem like a lot. However, he questioned whether the
building would cost $99 million if the program is deleted or if
the $1 million would go to carpet, desks, or windows. Further,
he said he has not heard of any percent for art programs being
repealed in any other state, territory, or jurisdiction in this
country that has led to any meaningful savings in capital
budgets. Instead, he suggested that deleting the requirement
would be false economy that would simply lead to blander, more
Soviet era gulag kind of buildings.
MR. BROWN suggested that just considering deleting the one
percent for art requirement does not give the full picture of
the program. He explained that a committee convenes a panel of
experts to decide how the call for artists will go out. Most of
the artists are Alaskans, but some non-Alaskans have been
selected for projects. He asked members to look at the entirety
of the projects and decide if the cost of these projects would
shrink by one percent.
Second, if the capital budget is cut, the one percent for art
would also be cut because one percent of nothing is zero. He
characterized this as a self-policing program. He pointed out
that the program also designates one-half percent of art in
rural projects.
MR. BROWN said he previously worked for U.S. Senator Ted
Stevens, who was a tremendous supporter of the arts. He offered
his view that Senator Stevens would not support this legislation
if he were alive because of his beliefs about art. He pointed
out some art projects in Washington, D.C, including that the
Hart Building in Washington D.C., where U.S. Senator Murkowski's
office is located, has an Alexander Calder sculpture that
enhances the building. The Rayburn building, where Congressman
Young's office is located, houses a statute of former Texas
Congressman Sam Rayburn. He expressed concern about trying to
take actions to save money that likely would not save money, but
that ultimately would cause more harm than good. He recalled a
song based on a verse in Ecclesiastes that reads, " A time to
break down, and a time to build up;?." He remarked that building
should be done in the right way.
4:38:35 PM
ANDREA NOBLE, Executive Director, Alaska State Council on the
Arts, Department of Education and Early Development, Anchorage,
Alaska, spoke in opposition to SB 97. She said she has served as
the state's public art program director for ten years and worked
closely with the Department of Transportation and Public
Facilities on projects prior to joining the arts council.
She cautioned that repealing the program would not result in a
reduction of state spending because the one percent is not in
addition to capital construction budget or the operating budget.
This means that construction budgets would not decrease and if
art is not part of the project it would not happen. In lean
times like these when there are not any capital projects, it
means that "zero percent of zero is still zero." When there are
capital projects, the percent for art funds are managed by the
department or their designated project manager and she has
worked with all state departments.
MS. NOBLE referred to a list in members' packets. She expressed
an interest in identifying the specific projects listed for the
2018 Department of Education and Early Development (DEED).
Although the council keeps an inventory of the completed art
projects, she said she was not familiar with the ones listed.
The art council's records indicate the artist, the amount spent,
including care and maintenance. By the end of a project, the
communities are engaged in ways they have not previously been
engaged and many project managers report that the art was the
best part of the project. Further, art appreciates in value. She
provided an example that illustrated the importance of art. Many
travelers can identify the community simply due to the vibrant,
distinctive public artwork. Not having the program would have
the effect of ending some community collaboration in projects,
she said.
MS. NOBLE said one critical component is selection of the
committee, artists, and artwork. The arts council manages the
public art process by following national standards and federal
law governing intellectual property. She described the process,
such that communities define and select their artwork, the
council prepares the request for qualifications, meets with the
committee, and engages community members in the selection
process.
She mentioned that the arts council runs a reciprocal program
that allows artists to work beyond their communities' borders
and obtain needed opportunities. She mentioned Ray Troll from
Ketchikan as an example of one artist whose work extends well
beyond his community.
4:44:26 PM
MS. NOBLE said public art is state property, but artists' rights
protect their intellectual work. The Visual Artists Rights Act
of 1990 also governs any removal, care and upkeep of the art.
Cutting the program would cost money because the art must be
routinely maintained. These artworks are installed using
construction industry standard installation, so removing art is
not as easy as taking something off the wall.
She offered her view that the repeal of this program would
severely impact Alaskan artists. The commission plays a
significant role in the development of an artist's career.
Sometimes an artist's first commission sets his or her career in
motion. Projects are very competitive and completed work can be
leveraged to participate in higher budget projects outside of
Alaska. She said artists are part of a creative industry and
part of a sector that is growing nationwide. She said art has
meaning and impact, and these artists significantly influence
citizens' daily lives. Cutting the program reduces an artist's
ability to continue to create art and increase their earnings.
She said this program also would affect other industries,
including vendors, business owners, fabricators, electricians,
welders, and engineers, who are all pulled into projects.
Communities with economic development would be negatively
affected too. The arts council has worked with the Anchorage
Economic Development Corporation. A barren landscape does not
draw anyone to live and work in Alaska, she said.
MS. NOBLE turned to construction of memorials, which is of
interest to her. She said she has held conversations nationally
on the topic. She wondered who will make Alaska's memorials if
fewer artists live here because they cannot afford to do so. She
expressed concern that Alaska's memorials will be built by
artists from outside Alaska, who do not know the relationship
veterans have with this place. Finally, if the statute for the
contemporary art bank is repealed, the council would not be able
to purchase the artwork.
4:49:14 PM
CHAIR REVAK held SB 97 in committee.