Legislature(2017 - 2018)BUTROVICH 205

03/03/2017 08:00 AM EDUCATION

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Audio Topic
08:00:26 AM Start
08:01:03 AM Presentation: Broadband Access in Alaska's School Districts
09:10:59 AM SB66
09:31:55 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Broadband Access in Alaska's School Districts TELECONFERENCED
-- Testimony <Invitation Only> --
Heard & Held
-- Testimony <Invitation Only> --
          SB 66-ST. COUNCIL ON THE ARTS: PUBLIC CORP.                                                                       
9:10:59 AM                                                                                                                    
CHAIR HUGHES related that SB 66 is a committee bill that would                                                                  
quasi-privatize the  Alaska State Council  on the Arts  (ASCA) by                                                               
restructuring  it  as  a  public corporation  to  allow  ASCA  to                                                               
increase  its ability  to  leverage  funds from  non-governmental                                                               
contributors and  better adapt to  the shifting  economic climate                                                               
in Alaska.  This effort  responds to  the widespread  interest in                                                               
governmental  entities  to  at least  partially  privatize  their                                                               
operations and increase their operating efficiency.                                                                             
9:11:30 AM                                                                                                                    
JOSHUA  BANKS,   Staff,  Senator  Shelly  Hughes,   Alaska  State                                                               
Legislature, presented the sectional analysis  of SB 66 on behalf                                                               
of the sponsor. He read:                                                                                                        
     Section 1 (Pages 1-4): Amends AS 39.25.110 concerning                                                                    
       exempt state employees to add all employees of the                                                                       
     Alaska State  Council on the  Arts (ASCA),  thus making                                                                    
     employees of ASCA exempt from the State Personnel Act.                                                                     
     Section 2  (Pages 5-7): Adds artists'  submissions made                                                                  
     in response to an  inquiry or solicitation initiated by                                                                    
     the Alaska  State Council on  the Arts, to the  list of                                                                    
     records that  are exempt  from public  inspection under                                                                    
     AS 40.25.120.                                                                                                              
     Section 3 (Page 7):  Repeals and re-enacts AS 44.27.040                                                                  
     regarding  the  creation  of  ASCA,  to  establish  the                                                                    
     Council   as   a   separate  and   independent   public                                                                    
     corporation  of   the  state   of  Alaska   within  the                                                                    
     Department of Education and Early Development (DEED).                                                                      
     Section 4 (Page 7): Amends  AS 44.27.041 to charge ASCA                                                                  
     to be governed by an  11-member board of trustees, adds                                                                    
     literary arts as a field  represented within the board,                                                                    
     and a  member's expertise,  rather than interest,  as a                                                                    
     factor for consideration for board membership.                                                                             
     Section 5 (Page 7): Amends  AS 44.27.042 to replace the                                                                  
     term "members"  with the term "trustees"  and "council"                                                                    
     with "board of trustees".                                                                                                  
     Section 6 (Page 8): Amends  AS 44.27.043 to replace the                                                                  
     term "member" with "trustee".                                                                                              
     Section 7  (Page 8): Replaces  the term  "members" with                                                                  
     the  term  "trustees"  in  AS  44.27.044  and  replaces                                                                    
     language that  entitles trustees  to be  reimbursed for                                                                    
     travel expenses  at the same  rate of members  of state                                                                    
     boards under AS 39.20.180.                                                                                                 
     Section 8 (Page 8): Amends  AS 44.27.045 to use gender-                                                                  
     neutral terms for board members.                                                                                           
     Section 9  (Page 8-9): Amends  AS 44.27.050  to require                                                                  
     the  council  to encourage  literary  arts  as well  as                                                                    
     other  disciplines,  invest   in  arts  throughout  the                                                                    
     state, and conduct research  into artistic and cultural                                                                    
     activities throughout the state.                                                                                           
9:14:22 AM                                                                                                                    
     Section 10 (Page 9): Amends  AS 44.27.052(a) to replace                                                                  
     "educational objectives with  "strategic" objectives as                                                                    
     it  relates  to the  council's  ability  to enter  into                                                                    
     contracts   and   accept  gifts,   contributions,   and                                                                    
     Section 11 (Page 9-10): Amends  AS 44.27.054 to replace                                                                  
     language with  the proper terms "chair"  and "trustees"                                                                    
     previously   established   and   makes   a   conforming                                                                    
     amendment to Section 1.                                                                                                    
     Section 12  (Page 10): Adds  a new section to  AS 44.27                                                                  
     detailing the  administration of  affairs of  the board                                                                    
     of  trustees. The  board of  trustees shall  manage the                                                                    
     assets  of  the  council, establish  and  amend  bylaws                                                                    
     governing the  business of the corporation,  and employ                                                                    
     an executive  director to supervise  the administration                                                                    
     of ASCA. This section also  exempts ASCA from the State                                                                    
     Procurement  Code (AS  36.30), instructs  the board  of                                                                    
     trustees to  establish procedures for  procurement, and                                                                    
     requires   consistency   with   the   Alaska   Veterans                                                                    
     preference   established   in   AS   36.30.32(f).   The                                                                    
     operating budget  of ASCA is subject  to the provisions                                                                    
     established in the Executive Budget Act (AS 37.07).                                                                        
9:15:39 AM                                                                                                                    
     Section 13  (Page 10): Amends  AS 44.27.058  to require                                                                  
     that ASCA comply with the  20 U.S.C 951 - 960 (National                                                                    
     Foundation on the Arts and  the Humanities Act of 1965)                                                                    
     as it relates to the  receipt and disbursement of funds                                                                    
     from the National Endowment for the Arts.                                                                                  
     Section  14 (Page  10-11): Amends  AS 44.27.060  to add                                                                  
     new subsections  (e) and (f)  regarding confidentiality                                                                    
     of artist  submissions and adds a  provision for public                                                                    
     disclosure to submissions when the  artist is awarded a                                                                    
     commission   for   said  submission.   However,   under                                                                    
     subsection (g),  subsections (e)  and (f) do  not apply                                                                    
     if the submission was created  as a work for hire under                                                                    
     17 U.S.C.  101 or  if the  artist's copyright  has been                                                                    
     transferred under 17 U.S.C. 204.                                                                                           
     Section  15   (Page  11):  Amends   AS  44.27   to  add                                                                  
     definitions for "board of trustees" and "council".                                                                         
9:16:53 AM                                                                                                                    
     Section  16 (Page  11-12): Creates  transition language                                                                  
     for  ASCA to  allow council  members to  remain on  the                                                                    
     board  of trustees  until their  term  is over,  allows                                                                    
     current   employees  to   remain   with  ASCA,   allows                                                                    
     regulations,   contracts,   rights,  liabilities,   and                                                                    
     obligations  created under  current  law  to remain  in                                                                    
     effect,  and   allows  ASCA  to  retain   all  records,                                                                    
     equipment, appropriations, and other property.                                                                             
      Section 17 (Page 12): Creates an effective date for                                                                     
     this legislation as July 1, 2017.                                                                                          
9:17:31 AM                                                                                                                    
CHAIR HUGHES  noted that Section 12  allows for the hiring  of an                                                               
executive director; it is not adding a new position.                                                                            
MR. BANKS said that was  correct. ASCA currently has an executive                                                               
9:18:03 AM                                                                                                                    
SENATOR  COGHILL asked  if there  is  a timeline  for members  to                                                               
become trustees.                                                                                                                
MR.  BANKS deferred  the  question  to Mr.  Brown  or Ms.  Nobel-                                                               
SENATOR  COGHILL   said  he  is   reluctant  to  put   U.S.  Code                                                               
requirements into  state statute  because it unknown  whether the                                                               
state  is  in  compliance.  He suggested  those  requirements  be                                                               
spelled  out in  Section 13.  He also  inquired whether  trustees                                                               
have new responsibilities.                                                                                                      
MR. BANKS offered to work on those issues.                                                                                      
9:19:13 AM                                                                                                                    
BENJAMIN  BROWN,  Chair,  State   Council  on  the  Arts  (ASCA),                                                               
presented information  on SB  66. He said  the reason  behind the                                                               
request to  restructure ASCA was  due to the state  fiscal crisis                                                               
and issues  that have  arisen even  before the  budget situation.                                                               
Due to  ASCA receiving more  private foundation money,  they have                                                               
been hamstrung  by the  State Procurement  Code. They  decided to                                                               
put  together a  package  of  the best  ways  to  make ASCA  more                                                               
effective. He thanked the committee  for taking up their request.                                                               
He noted the  House Education Committee has a  companion bill. He                                                               
concluded that  ASCA is trying  to be  part of the  solution, not                                                               
part of the problem.                                                                                                            
He  addressed Senator  Coghill's question.  He said  the National                                                               
Arts  and Humanities  Act  mandates that  state  art agencies  be                                                               
under the  auspices of  state government.  Their funding  must be                                                               
matched dollar  for dollar. It  also mandates that 40  percent of                                                               
funding pass through  state arts agencies. He  emphasized that SB
66 references  federal requirements  for purposes of  clarity. It                                                               
does not add any more requirements of the legislature.                                                                          
He offered to answer questions.                                                                                                 
9:23:19 AM                                                                                                                    
CHAIR  HUGHES noted  the bill  will  be held  over and  questions                                                               
could be considered at the next meeting.                                                                                        
9:23:44 AM                                                                                                                    
ALICE BIOFF, Member, State Council  on the Arts (ASCA), testified                                                               
in support of SB 66. She  shared her personal background and work                                                               
with Kawerak,  the regional non-profit  consortium of  tribes for                                                               
the Bering Straits region as  a business planning specialist. She                                                               
spoke  of  her  work  with artists  within  the  region.  Kawerak                                                               
provides  direct technical  assistance  to artist  entrepreneurs.                                                               
She  has seen  firsthand  how  important ASCA  is  to artists  in                                                               
supporting  their work.  The  restructuring  of ASCA  strengthens                                                               
this support  and will provide  better funding  opportunities and                                                               
better tools  and services.  SB 66  streamlines the  process ASCA                                                               
will use to present opportunities to artists all over Alaska.                                                                   
9:26:38 AM                                                                                                                    
ANDREA NOBLE-PELANT, Executive Director,  Alaska State Council on                                                               
the Arts, testified in support of  SB 66. She shared her personal                                                               
background.  She  said the  timing  of  SB  66 is  opportune,  as                                                               
Alaska's creative  industry is currently growing  due to targeted                                                               
public  and  private  investments  in the  past  ten  years.  She                                                               
described  the efforts  of  ASCA and  the  grants, programs,  and                                                               
private  programs it  provides  to Alaskan  artists.  SB 66  will                                                               
allow  new and  existing  programs to  reach  more Alaskans  with                                                               
increased impact and efficiency.                                                                                                
She  related  that  ASCA  works   with  constituents  to  oversee                                                               
projects   and  initiatives   that   build   capacity  for   arts                                                               
organizations and provide  practical and professional development                                                               
and opportunities  for artists.  She named several  programs ASCA                                                               
works with,  such as those  with PTSD, incarcerated  persons, and                                                               
more.  They have  long-standing  partnerships  with the  Rasmuson                                                               
Foundation,  the  Alaska Arts  and  Culture  Foundation, and  the                                                               
Atwood Foundation.  She listed new partners,  which were inspired                                                               
by  ASCA's work.  Other partners  include  the Alaska  Humanities                                                               
Forum,  and  the Western  States  Arts  Federation. Funding  from                                                               
partners  goes  back  to  Alaska  residents  and  communities  as                                                               
grants,  programs,  and  services.   She  concluded  that  SB  66                                                               
provides  flexibility for  ASCA to  manage projects  in a  timely                                                               
manner and to work across sectors, and it strengthens ASCA's                                                                    
ability to secure future funding.                                                                                               
CHAIR HUGHES thanked the presenters.                                                                                            
MR. BROWN  addressed Senator  Coghill's question  about expertise                                                               
of  council members.  He stated  that everyone  currently on  the                                                               
council  has expertise  in one  of the  enumerated art  areas and                                                               
qualifies to continue.                                                                                                          
9:31:28 AM                                                                                                                    
CHAIR HUGHES held SB 66 in committee.                                                                                           

Document Name Date/Time Subjects
SB 66 - Sponsor Statement.pdf SEDC 3/3/2017 8:00:00 AM
SB 66
SB 66 - Legislation Ver. D.PDF SEDC 3/3/2017 8:00:00 AM
SB 66
SB 66 - Sectional Analysis.pdf SEDC 3/3/2017 8:00:00 AM
SB 66
SB 66 - Fiscal Note - DOA-DOP-02-24-17.pdf SEDC 3/3/2017 8:00:00 AM
SB 66
SB 66 - Fiscal Note - EED-ASCA-2-24-17.pdf SEDC 3/3/2017 8:00:00 AM
SB 66
SB 66 - Supporting Document - WESTAF Letter of Support.pdf SEDC 3/3/2017 8:00:00 AM
SB 66
SB 66 - Supporting Document - Benjamin Brown Editorial.pdf SEDC 3/3/2017 8:00:00 AM
SB 66
SB 66 - Supporting Document - Alaska Public Media Article.pdf SEDC 3/3/2017 8:00:00 AM
SB 66
Legislative Testimony March 3v.4.pdf SEDC 3/3/2017 8:00:00 AM
TestimonyGraphic-V2 .pdf SEDC 3/3/2017 8:00:00 AM
BandwidthScenariosInSchools.pdf SEDC 3/3/2017 8:00:00 AM