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.