03/09/2021 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB71 | |
| SB23 | |
| SB76 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 23 | TELECONFERENCED | |
| *+ | SB 71 | TELECONFERENCED | |
| *+ | SB 76 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 9, 2021
3:32 p.m.
MEMBERS PRESENT
Senator Mike Shower, Chair
Senator Lora Reinbold, Vice Chair
Senator Roger Holland
Senator Scott Kawasaki
MEMBERS ABSENT
Senator Mia Costello
COMMITTEE CALENDAR
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."
- HEARD & HELD
SENATE BILL NO. 23
"An Act relating to proposing and enacting laws by initiative."
- HEARD & HELD
SENATE BILL NO. 76
"An Act relating to vehicles abandoned on private property."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 71
SHORT TITLE: COUNCIL ON ARTS: PLATES & MANAGE ART
SPONSOR(s): SENATOR(s) STEVENS
02/05/21 (S) READ THE FIRST TIME - REFERRALS
02/05/21 (S) STA, FIN
03/09/21 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 23
SHORT TITLE: INITIATIVE SEVERABILITY
SPONSOR(s): SENATOR(s) REVAK
01/22/21 (S) PREFILE RELEASED 1/8/21
01/22/21 (S) READ THE FIRST TIME - REFERRALS
01/22/21 (S) STA, JUD
03/09/21 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 76
SHORT TITLE: ABANDONED VEHICLES; PRIVATE PROPERTY
SPONSOR(s): SENATOR(s) KIEHL
02/10/21 (S) READ THE FIRST TIME - REFERRALS
02/10/21 (S) STA, L&C
03/09/21 (S) STA AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
SENATOR GARY STEVENS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 71.
TIM LAMKIN, Staff
Senator Gary Stevens
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 71 on behalf of the sponsor.
BENJAMIN BROWN, Chair
Alaska State Council on the Arts
Juneau, Alaska
POSITION STATEMENT: Provided supporting testimony for SB 71.
SENATOR JOSH REVAK
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 23.
DIRK CRAFT, Staff
Senator Josh Revak
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for SB 23.
SENATOR JESSE KIEHL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 76.
CATHY SCHLINGHEYDE, Staff
Senator Jesse Kiehl
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided information related to SB 76 on
behalf of the sponsor
LAUREN MACVAY, President/CEO
True North Federal Credit Union
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 76.
ACTION NARRATIVE
3:32:08 PM
CHAIR MIKE SHOWER called the Senate State Affairs Standing
Committee meeting to order at 3:32 p.m. Present at the call to
order were Senators Holland, Kawasaki, and Chair Shower. Senator
Reinbold arrived soon thereafter.
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.
SB 23-INITIATIVE SEVERABILITY
3:55:35 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 23
"An Act relating to proposing and enacting laws by initiative."
He noted the drafter was available to answer questions.
3:55:54 PM
SENATOR JOSH REVAK, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 23, introduced the legislation paraphrasing the
following sponsor statement:
SB 23 seeks to ensure ballot initiative language that
appears before voters at the ballot box is the same as
the language circulated during the signature-gathering
phase and to restore the legislature's important role
in the initiative process.
3:56:26 PM
Alaska's constitution details a very important right
of our residents - the right to enact legislation
through the voter initiative process. The legislature
also has the right to enact legislation substantially
the same as the proposed initiative thus removing it
from the ballot.
The proposed ballot initiative language must be
submitted to the State of Alaska for review. The
Alaska Department of Law reviews the proposed language
then provides the Lieutenant Governor a recommendation
whether to certify or deny the language.
The Lieutenant Governor's certification is a key step
in the initiative process. Only once certification
happens will the state print petition booklets for
gathering voter signatures. The petitioner then
circulates the booklets to gather signatures and
submits those to the state for verification. Once
signatures are verified, an initiative can be prepared
for the ballot.
Per our constitution, some issues are off-limits for
ballot initiatives and initiatives can only cover one
subject. But while a cursory legal review of language
occurs before the Lieutenant Governor's certification,
it has sometimes been the case that further review
finds constitutional concerns with proposed language.
In those cases, a party can file a lawsuit to force
the issue through the court system. This can happen
simultaneous to the circulation of signature booklets.
3:57:22 PM
Under current law, if a court determines that language
in a proposed initiative is unconstitutional and/or
severed, an amended version of the language can appear
before voters. This results in voters seeing a
different initiative than the one they supported with
their signature. Furthermore, if the courts
revise/sever the language after the legislative review
process, they deny the legislature its right to review
the initiative as revised. The net effect of a
court's severance is that an initiative can move
forward to the voters that is substantially different
than the initial version reviewed by the legislature.
SB 23 would rectify this situation. Under this bill,
if a court determines that language in a proposed
initiative is unconstitutional or severed, the
Lieutenant Governor must reject the entire initiative
petition and prohibit it from appearing on the ballot.
Voters should be assured that language on the ballot
has not changed from the language in the petition
booklets supported with voter signatures and further,
restores the legislature's right to review and enact
substantially similar legislation to stop an
initiative from moving forward.
3:58:53 PM
SENATOR REINBOLD asked if he would describe the bill as an
improvement in transparency and an increase in integrity of the
initiative process.
SENATOR REVAK replied that is the intent of the legislation.
CHAIR SHOWER expressed appreciation that the bill includes the
concept of legislative supremacy.
4:00:59 PM
DIRK CRAFT, Staff, Senator Josh Revak, Alaska State Legislature,
Juneau, Alaska, advised that SB 23 has just one section that
amends AS 15.45.240. [The new subsection (b)] states that an
initiative is not severable after it is circulated under AS
15.45.110, which is the statute that governs the circulation of
petitions. It further provides that an initiative petition may
not contain a severability clause. If a court finds a provision
of an initiative unconstitutional during a review, the
lieutenant governor must reject the entire petition and prohibit
the placement of the initiative on the ballot.
4:01:50 PM
CHAIR SHOWER held SB 23 in committee for future consideration.
SB 76-ABANDONED VEHICLES; PRIVATE PROPERTY
4:02:17 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 76,
"An Act relating to vehicles abandoned on private property."
He listed the individuals available to answer questions.
4:02:42 PM
SENATOR JESSE KIEHL, Alaska State Legislature, Juneau, Alaska,
sponsor, introduced SB 76 paraphrasing the following sponsor
statement:
Vehicles abandoned on private property are an
expensive nuisance. It happens all around the state.
Under current law, a person can abandon a vehicle on
someone else's property for up to six months without
losing title to the vehicle. That means the private
property owner must either live with the abandoned
vehicle on their lot or cover the cost to store the
vehicle elsewhere for the full six month period.
SB 76 reduces the time until the landowner can start
the process to take title to the abandoned vehicle and
deal with it. The bill reduces that wait from six
months down to 30 days. The process to take title,
which includes plenty of notice to the absent owner,
remains unchanged.
4:05:37 PM
SENATOR REINBOLD thanked him for addressing this problem.
CHAIR SHOWER asked what happened to the similar bill he
introduced during the last legislature.
SENATOR KIEHL replied the Senate passed the bill but the House
did not take it up before the legislature's speedy departure
from the Capitol [due to COVID-19].
CHAIR SHOWER asked if his staff would present the sectional
analysis.
SENATOR KIEHL replied it is a two-section bill and he didn't
imagine a sectional analysis was necessary but his staff was
available to answer questions.
4:06:53 PM
SENATOR HOLLAND asked if the property owner is required to title
an abandoned vehicle in their name before they can dispose of
that vehicle.
SENATOR KIEHL answered yes and an analogy in the law is a towing
lien. A tow truck owner who removes a vehicle under the towing
laws of the state has the opportunity to recover their costs and
the value of storage through a towing lien. He noted that that
lien is easier to get than the law SB 76 proposes to change.
CATHY SCHLINGHEYDE, Staff, Senator Jesse Kiehl, Alaska State
Legislature, Juneau, Alaska, advised that Ms. MacVay would like
to testify.
CHAIR SHOWER turned to invited testimony.
4:08:40 PM
LAUREN MACVAY, True North Federal Credit Union, Juneau, Alaska,
stated agreement with the sponsor that private property owners
have a very long wait to dispose of vehicles abandoned on their
property. She related her experience that one abandoned vehicle
tends to attract other abandoned vehicles, which can be a
problem over time. She said that from a lienholders perspective
she would like to know sooner than six months that the
collateral securing a loan from the Credit Union has been
abandoned. "We need time to go through our lienholder process,
but six months is way too long," she said.
CHAIR SHOWER asked if the 30-day notice includes the time to
mail the notice to the owner of the abandoned vehicle.
MS. SCHLINGHEYDE answered that after the initial 30-day wait, a
certified letter could be sent to the owner of the abandoned
vehicle. Once the property owner receives the receipt, the 30-
day notice period starts.
4:11:23 PM
CHAIR SHOWER held SB 76 in committee for future consideration.
4:12:03 PM
There being no further business to come before the committee,
Chair Shower adjourned the Senate State Affairs Standing
Committee meeting at 4:12 p.m.
| 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 |