Legislature(2019 - 2020)BUTROVICH 205

02/18/2020 09:00 AM EDUCATION

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Teleconference <Listen Only> --
Moved CSSB 169(EDC) Out of Committee
-- Public Testimony --
Heard & Held
-- Testimony <Invitation Only> --
**Streamed live on AKL.tv**
+ Bills Previously Heard/Scheduled TELECONFERENCED
             SB 169-LICENSE PLATES: COUNCIL ON ARTS                                                                         
9:00:22 AM                                                                                                                    
CHAIR  STEVENS announced  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."                                                                                                                   
9:00:45 AM                                                                                                                    
TIM   LAMKIN,  Staff,   Senator   Gary   Stevens,  Alaska   State                                                               
Legislature, Juneau,  Alaska, said that since  the committee last                                                               
heard  the  bill,  the Department  of  Law  requested,  regarding                                                               
Section 2  of the bill relating  to legal counsel for  the Alaska                                                               
State  Council on  the  Arts (ASCA),  that if  and  when such  an                                                               
instance occurs, that the Department  of Law approve the counsel.                                                               
He  said  he looked  at  precedence  for  this  and found  it  is                                                               
important to  include language  that the  Department of  Law will                                                               
not unreasonably  withhold approval.  There will be  an amendment                                                               
to make that change in the bill.                                                                                                
CHAIR STEVENS invited Ben Brown to the table.                                                                                   
9:02:35 AM                                                                                                                    
BEN  BROWN, Chair,  Alaska  State Council  on  the Arts,  Juneau,                                                               
Alaska, said ASCA is amenable  to the Department of Law's request                                                               
with the proviso  language Mr. Lamkin described.  As he testified                                                               
on February 6,  the language in the original version  of the bill                                                               
came  from the  Limited Entry  Act because  he was  familiar with                                                               
that provision.                                                                                                                 
MR. BROWN  added that the council  would like the bill  to have a                                                               
July 1, 2020 effective date when the fiscal year begins.                                                                        
CHAIR STEVENS asked Andrea Noble to testify.                                                                                    
9:04:15 AM                                                                                                                    
ANDREA  NOBLE, Executive  Director, Alaska  State Council  on the                                                               
Arts, Anchorage, Alaska, said these  refinements will reflect the                                                               
direction of growth that the  council wishes to precede in. These                                                               
changes to  the bill will  allow flexibility for the  council and                                                               
its goal of serving all Alaskans.                                                                                               
9:05:18 AM                                                                                                                    
SENATOR HUGHES  asked if  she feels  a July  1 effective  date is                                                               
MS. NOBLE  replied the council  wished for  the bill to  start at                                                               
the beginning  of the fiscal  year 2021.  FY 20 has  been unusual                                                               
because the  budget landed very late  in the fiscal year  and the                                                               
council is still planning and  working through the particulars of                                                               
that budget.                                                                                                                    
CHAIR STEVENS advised  that there was a  conceptual amendment for                                                               
the committee to consider for  the effective date. He called June                                                               
Rogers to the table.                                                                                                            
9:06:49 AM                                                                                                                    
JUNE ROGERS,  representing self, Fairbanks, Alaska,  said she has                                                               
lived in  Fairbanks all  her life. She  has worked  for community                                                               
advocacy  in a  variety of  ways, especially  through the  Alaska                                                               
State Council on  the Arts. It is a special  fortress for all who                                                               
work diligently  with volunteers  throughout the state.  It fuels                                                               
tremendous  energies  in the  state,  and  she looks  forward  to                                                               
continuing that for their families and grandchildren.                                                                           
9:08:14 AM                                                                                                                    
SENATOR COSTELLO  asked if an  immediate effective date  would be                                                               
better than July 1.                                                                                                             
MR. BROWN replied  he appreciates the suggestion, but  it will be                                                               
easier for the Division of Motor  Vehicles (DMV) to start on July                                                               
1,  the start  of  the next  fiscal  year. The  plan  is to  have                                                               
regulations  ready to  implement as  soon as  the bill  is signed                                                               
into law.                                                                                                                       
CHAIR STEVENS solicited a motion.                                                                                               
9:09:36 AM                                                                                                                    
SENATOR HUGHES moved to adopt Amendment 1, M.2.                                                                                 
                          AMENDMENT 1                                                                                           
     OFFERED IN THE SENATE                                                                                                      
      TO: SB 169                                                                                                                
     Page 2, line 11, following "counsel.":                                                                                   
          Insert "(a)"                                                                                                          
     Page 2, lines 14 - 15:                                                                                                     
          Delete   "However,   the    council   may   retain                                                                    
         additional legal counsel as appropriate at the                                                                         
     discretion of the board of trustees."                                                                                      
     Page 2, following line 15:                                                                                                 
          Insert a new subsection to read:                                                                                      
          "(b)  The council may employ temporary legal                                                                          
      counsel for good cause and with the approval of the                                                                       
         attorney general. The attorney general may not                                                                         
     unreasonably withhold approval."                                                                                           
9:09:42 AM                                                                                                                    
CHAIR STEVENS objected for purposes of discussion.                                                                              
SENATOR HUGHES  asked whether there  were any parameters  for the                                                               
language,  "the attorney  general may  not unreasonably  withhold                                                               
approval." She  asked Mr. Brown  if he was comfortable  with that                                                               
MR. BROWN  answered yes. That  language is in many  contracts and                                                               
is  a standard  of reasonableness  that both  parties have  to be                                                               
aware  of when  acting pursuant  to the  statute. He  said hiring                                                               
outside counsel would  be necessary if the Department  of Law was                                                               
unable to  provide an assistant  attorney general who  had enough                                                               
of a firewall between his or  her operations at the Department of                                                               
Law and an attorney who  was advising another potentially adverse                                                               
party.  The situation  arose  last year  when  the Department  of                                                               
Education and  Early Development  (DEED) was trying  to implement                                                               
the governor's budget after the June  28 vetoes and Mr. Brown was                                                               
trying to keep the council open  as long as possible in the hopes                                                               
of another outcome coming to pass. The language creates balance.                                                                
9:12:19 AM                                                                                                                    
CHAIR  STEVENS removed  his objection  and hearing  no objection,                                                               
Amendment 1 was adopted.                                                                                                        
9:12:38 AM                                                                                                                    
SENATOR  HUGHES  moved Conceptual  Amendment  2,  "to include  an                                                               
effective date of July 1, 2020."                                                                                                
9:12:49 AM                                                                                                                    
CHAIR STEVENS objected for purposes of discussion.                                                                              
SENATOR  HUGHES  thanked  Mr.   Brown  for  considering  how  the                                                               
Division of Motor Vehicles might enact this.                                                                                    
9:13:32 AM                                                                                                                    
CHAIR  STEVENS removed  his objection  and hearing  no objection,                                                               
conceptual Amendment  2 was adopted. Chair  Stevens opened public                                                               
testimony and  after ascertaining  there was none,  closed public                                                               
9:14:02 AM                                                                                                                    
At ease                                                                                                                         
9:14:06 AM                                                                                                                    
CHAIR STEVENS asked for the will of the committee.                                                                              
9:14:32 AM                                                                                                                    
SENATOR HUGHES moved to report  SB 169, work order 31-LS1433\M as                                                               
amended,  from  committee  with  individual  recommendations  and                                                               
attached fiscal notes.                                                                                                          
There being  no objection,  CSSB 169(EDU)  was reported  from the                                                               
Senate Education Standing Committee.]