Legislature(2019 - 2020)BUTROVICH 205
02/20/2020 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SB169 | |
| SB167 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | SB 169 | TELECONFERENCED | |
| += | SB 167 | TELECONFERENCED | |
SB 169-LICENSE PLATES: COUNCIL ON ARTS
4:24:57 PM
CHAIR REVAK reconvened the meeting and announced the
consideration of SENATE BILL NO. 169, "An Act relating to
special request registration plates celebrating the arts; and
relating to the Alaska State Council on the Arts."
4:25:35 PM
SENATOR GARY STEVENS, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 169, stated that he appreciates carrying a bill
relating to the Alaska State Council on the Arts (ASCA) because
he has always admired the organization and the work it does
throughout the state. He related that the council requested this
bill to provide stability to its budget structure after
complications arose during the last budget cycle. He explained
that SB 169 is a housekeeping measure to amend the existing
license plate program to allow people who support the arts
council to provide it with addition revenue. It also provides a
means for legal representation when needed, consistent with the
process provided to other state agencies. It holds harmless the
ASCA's private funds from the Executive Budget Act.
CHAIR REVAK asked Mr. Lamkin to walk through the sectional
analysis for SB 169.
4:27:22 PM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, Juneau, Alaska, delivered the sectional analysis
for SB 169. He noted that two members of the committee heard and
passed the committee substitute from the Senate Education
Committee.
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.
MR. LAMKIN advised that the fee that will go to the ASCA is
proposed to be $3, but it could be increased to $50 over the
long term if there is market demand.
Sec. 2: AS 44.27, relating to the ASCA generally, adds
a new section (AS 44.27.053) providing that the
Attorney General is legal counsel for ASCA, similar to
other state agencies, and also allows the ASCA to
retain additional legal counsel as needed, subject to
the approval of the Attorney General.
MR. LAMKIN related that the Senate Education Committee added the
common contract language that the attorney general approval of
the representation would not be unreasonably withheld.
Sec. 3: 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.
MR. LAMKIN summarized that the funds raised privately to support
the ASCA cannot be vetoed.
Sec. 4: 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.
Sec. 5: 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. 6: Provides an effective date of July 1, 2020.
MR. LAMKIN advised that Senate Education Committee added the
effective date at the request of the ASCA.
4:31:57 PM
SENATOR WILSON asked if the Department of Motor Vehicles would
collect the $30 fee plus the $3 fee that the ASCA adds.
MS. LAMKIN confirmed that the DMV would collect the $3
surcharge, which would go directly to the ASCA, and the $30 fee,
which goes to the general fund.
SENATOR WILSON asked if older ASCA plates in inventory will
continue to be available.
MR. LAMKIN replied he would defer to the ASCA, but he assumes
that just the new plate would be offered.
CHAIR REVAK asked Mr. Brown to respond to the question.
4:33:20 PM
BENJAMIN BROWN, Chair, Alaska State Council on the Arts, Juneau,
Alaska, explained that the idea is that the DMV would issue just
one plate at any given time.
CHAIR REVAK asked him to provide his testimony.
MR. BROWN agreed with the sponsor that SB 169 is mostly a
housekeeping measure. He explained that after the ASCA shut down
for a period of time last year after the governor vetoed their
funding, so the council looked for ways to become more self-
sustaining. While it is not possible to raise all of the
approximately $700,000 match for the National Endowment for the
Arts through earned income, a promising way to come up with a
meaningful amount would be to add a small surcharge to the
existing Artistic License Plate program. This would not be cost
prohibitive to Alaskans who want to lend a financial hand to the
ASCA.
MR. BROWN agreed with Mr. Lamkin that the bill allows the ASCA,
as a public corporation, to work through the Administrative
Procedures Act to select the appropriate amount of surcharge
that will be used to match the federal National Endowment of the
Arts funds and reduce the amount of undesignated general funds
the ASCA needs to continue operating. He described that as the
most important provision in the bill. It provides an opportunity
to encourage visual arts and celebrate the beauty of Alaska
while providing meaningful revenue at a time when all state
agencies are trying to find ways to be more fiscally
sustainable.
MR. BROWN opined that Mr. Lamkin ably described the other
provisions relating to the attorney general serving as counsel,
the ability to hire outside counsel, and the private support
exemption from the Executive Budget Act. He said the council
requested the Senate Education Committee add the effective date
provision to start collecting the surcharge at the start of the
next fiscal year to avoid any bookkeeping problems for the
administration.
4:37:34 PM
SENATOR KAWASAKI asked if the old plates would be retired once a
new one was available.
MR. BROWN replied people can get new tags for their existing
plate, but anyone who wants to buy a license plate could only
buy the current plate.
4:38:57 PM
SENATOR KAWASAKI asked what happens to the unsold license plates
that DMV may have in inventory.
MR. BROWN said he would not want to waste either metal or
someone's time, but he would defer to the DMV to provide an
answer.
MR. LAMKIN added his understanding that the DMV keeps some
inventory but has a good sense of the demand for these specialty
plates and does not order beyond what they expect to sell. He
offered to follow up after conferring with the DMV.
CHAIR REVAK said he had anticipated an answer from the DMV.
4:41:13 PM
SENATOR WILSON asked the customary amount an artist would
receive for designing a new license plate.
MR. LAMKIN replied the most recent ASCA award to an artist was
for $5,000, which is the amount provided in regulation.
SENATOR WILSON expressed satisfaction that there are guidelines
in regulation for the amount that can be awarded.
CHAIR REVAK asked the reason for the change in Section 4 from
the council "shall" hold competitions to the council "may" hold
competitions.
4:42:40 PM
MR. BROWN said after the traumatic experience of not existing
for [a couple of months], the council decided that the less
mandatory language in the enabling statute, the better. The
intent is for young Alaskan artists to be compensated for
creating art while monetizing the council's operations. It also
helps the council become less reliant on scarce undesignated
general funds.
4:44:19 PM
SENATOR STEVENS clarified that Mr. Brown meant to say the
council did not exist for two months, not two years.
4:45:10 PM
CHAIR REVAK opened public testimony on SB 169. Finding none, he
closed public testimony.
CHAIR REVAK held SB 169 in committee for future consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| APSC GOV App Joseph White Resume.pdf |
SSTA 2/20/2020 3:30:00 PM |
Consideration of Governor's Appointees |
| APSC GOV App Ed Mercer Resume.pdf |
SSTA 2/20/2020 3:30:00 PM |
Consideration of Governor's Appointees |
| APSC GOV App Jennifer Winkelman Resume.pdf |
SSTA 2/20/2020 3:30:00 PM |
Consideration of Governor's Appointees |
| APSC GOV App Daniel Weatherly Resume.pdf |
SSTA 2/20/2020 3:30:00 PM |
Consideration of Governor's Appointees |
| 09_SB169_ArtsCouncil-Plates_Sectional_Version U.pdf |
SSTA 2/20/2020 3:30:00 PM |
SB 169 |
| 08_SB169_ArtsCouncil-Plates_BillText_Version U.pdf |
SSTA 2/20/2020 3:30:00 PM |
SB 169 |
| 10_SB169_ArtsCouncil-Plates_Summary-of-Changes_Version M to U.pdf |
SSTA 2/20/2020 3:30:00 PM |
SB 169 |
| SB 167 DOC Responses to SSTA Questions 02.19.20.pdf |
SSTA 2/20/2020 3:30:00 PM |
SB 167 |
| SB 167 AS 11.56.375 DOC Disposed Charges 2.19.20.pdf |
SSTA 2/20/2020 3:30:00 PM |
SB 167 |
| SB 167 Article Corrections Officer GCCC.pdf |
SSTA 2/20/2020 3:30:00 PM |
SB 167 |