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 needed. 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. 31-LS1433\M.2 Radford 2/12/20 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 language. 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 testimony. 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.]