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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled HB 137                                                                                                         
01 Redesignating the Alaska State Council on the Arts as a public corporation and governmental                             
02 instrumentality of the state; defining the powers and duties of the Alaska State Council on the                         
03 Arts; providing exemptions from certain statutes for the Alaska State Council on the Arts;                              
04 making conforming amendments; and providing for an effective date.                                                      
05                           _______________                                                                               
06    * Section 1. AS 39.25.110 is amended to read:                                                                        
07            Sec. 39.25.110. Exempt service. Unless otherwise provided by law, the                                        
08       following positions in the state service constitute the exempt service and are exempt                             
09       from the provisions of this chapter and the rules adopted under it:                                               
10                 (1)  persons elected to public office by popular vote or appointed to fill                              
11       vacancies in elected offices;                                                                                     
12                 (2)  justices, judges, magistrates, and employees of the judicial branch                                
01       including employees of the judicial council;                                                                      
02                 (3)  employees of the state legislature and its agencies;                                               
03                 (4)  the head of each principal department in the executive branch;                                     
04                 (5)  officers and employees of the University of Alaska;                                                
05 (6)  certificated teachers and noncertificated employees employed by a                                                  
06 regional educational attendance area established and organized under AS 14.08.031 -                                     
07 14.08.041 to teach in, administer, or operate schools under the control of a regional                                   
08       educational attendance area school board;                                                                         
09                 (7)  certificated teachers employed by the Department of Education and                                  
10 Early Development as correspondence teachers, teachers in skill centers operated by                                     
11 the Department of Education and Early Development or by the Department of Labor                                         
12       and Workforce Development, or in Mt. Edgecumbe School;                                                            
13                 (8)  patients and inmates employed in state institutions;                                               
14 (9)  persons employed in a professional capacity to make a temporary                                                    
15       or special inquiry, study or examination as authorized by the governor;                                           
16                 (10)  members of boards, commissions, or authorities;                                                   
17 (11)  the officers and employees of the following boards, commissions,                                                  
18       and authorities:                                                                                                  
19                      (A)  [REPEALED]                                                                                    
20                      (B)  Alaska Permanent Fund Corporation;                                                            
21                      (C)  Alaska Industrial Development and Export Authority;                                           
22                      (D)  Alaska Commercial Fisheries Entry Commission;                                                 
23                      (E)  Alaska Commission on Postsecondary Education;                                                 
24                      (F)  Alaska Aerospace Corporation;                                                                 
25                      (G)  [REPEALED]                                                                                    
26 (H)  Alaska Gasline Development Corporation and subsidiaries                                                            
27            of the Alaska Gasline Development Corporation;                                                               
28 (12)  the executive secretary and legal counsel of the Alaska Municipal                                                 
29       Bond Bank Authority;                                                                                              
30 (13)  the state medical examiner, deputy medical examiner, and                                                          
31 assistant medical examiners appointed under AS 12.65.015 and pharmacists and                                            
01       physicians licensed to practice in this state and employed by the Department of Health                            
02       and Social Services or by the Department of Corrections;                                                          
03                 (14)  petroleum engineers and petroleum geologists employed in a                                        
04       professional capacity by the Department of Natural Resources and by the Alaska Oil                                
05       and Gas Conservation Commission;                                                                                  
06                 (15)  [REPEALED]                                                                                        
07                 (16)  persons employed by the division of marine transportation as                                      
08       masters and members of the crews of vessels who operate the state ferry system and                                
09       who are covered by a collective bargaining agreement provided in AS 23.40.040;                                    
10 (17)  officers and employees of the state who reside in foreign                                                         
11       countries;                                                                                                        
12                 (18)  employees of the Alaska Seafood Marketing Institute;                                              
13 (19)  emergency firefighting personnel employed by the Department of                                                    
14 Natural Resources for a fire emergency or for fire prevention and related activities                                    
15       conducted under AS 41.15.030;                                                                                     
16 (20)  employees of the Office of the Governor and the office of the                                                     
17       lieutenant governor, including the staff of the governor's mansion;                                               
18                 (21)  [REPEALED]                                                                                        
19 (22)  youth employed by the Department of Natural Resources under                                                       
20       the Youth Employment and Student Intern programs;                                                                 
21                 (23)  [REPEALED]                                                                                        
22 (24)  students employed by the state institutions in which the students                                                 
23       are enrolled;                                                                                                     
24                 (25)  [REPEALED]                                                                                        
25                 (26)  investment officers in the Department of Revenue;                                                 
26                 (27)  [REPEALED]                                                                                        
27 (28)  persons engaged in employment or pre-employment training                                                          
28       programs operated by the Department of Military and Veterans' Affairs;                                            
29                 (29)  [REPEALED]                                                                                        
30 (30)  a person employed as an actuary or assistant actuary by the                                                       
31 division of insurance in the Department of Commerce, Community, and Economic                                            
01       Development;                                                                                                      
02                 (31)  [REPEALED]                                                                                        
03                 (32)  a participant in the Alaska temporary assistance program under                                    
04       AS 47.27 who holds a temporary position with the state in order to obtain job training                            
05       or experience;                                                                                                    
06                 (33)  a person employed as a convener under AS 44.62.730 or as a                                        
07       facilitator under AS 44.62.760 related to a negotiated regulation making process under                            
08       AS 44.62.710 - 44.62.800;                                                                                         
09                 (34)  the chief executive officer and employees of the Alaska Mental                                    
10       Health Trust Authority employed under AS 47.30.026(b);                                                            
11 (35)  the assistant adjutant general for space and missile defense                                                      
12       appointed under AS 26.05.185;                                                                                     
13 (36)  the victims' advocate established under AS 24.65.010 and the                                                      
14       advocate's staff;                                                                                                 
15 (37)  employees of the Alaska mental health trust land unit established                                                 
16       under AS 44.37.050;                                                                                               
17 (38)  the executive director of the Council on Domestic Violence and                                                    
18       Sexual Assault established under AS 18.66.010;                                                                    
19 (39)  the executive director and employees of the Knik Arm Bridge and                                                   
20       Toll Authority under AS 19.75.051 and 19.75.061;                                                                  
21 (40)  the chair of the Workers' Compensation Appeals Commission                                                         
22       (AS 23.30.007);                                                                                                   
23 (41)  the Alaska Gasline Inducement Act coordinator appointed under                                                     
24       AS 43.90.250;                                                                                                     
25 (42)  oil and gas audit masters employed in a professional capacity by                                                  
26 the Department of Revenue and the Department of Natural Resources to collect oil and                                    
27 gas revenue by developing policy, conducting studies, drafting proposed regulations,                                    
28       enforcing regulations, and directing audits by oil and gas revenue auditors;                                      
29 (43)  the in-state gasline project coordinator appointed under                                                          
30       AS 38.34.010;                                                                                                   
31 (44)  the executive director and employees of the Alaska State                                                        
01       Council on the Arts employed under AS 44.27.054 and 44.27.055.                                                  
02    * Sec. 2. AS 40.25.120(a) is amended to read:                                                                        
03            (a)  Every person has a right to inspect a public record in the state, including                             
04       public records in recorders' offices, except                                                                      
05                 (1)  records of vital statistics and adoption proceedings, which shall be                               
06       treated in the manner required by AS 18.50;                                                                       
07                 (2)  records pertaining to juveniles unless disclosure is authorized by                                 
08       law;                                                                                                              
09                 (3)  medical and related public health records;                                                         
10 (4)  records required to be kept confidential by a federal law or                                                       
11       regulation or by state law;                                                                                       
12 (5)  to the extent the records are required to be kept confidential under                                               
13 20 U.S.C. 1232g and the regulations adopted under 20 U.S.C. 1232g in order to secure                                    
14       or retain federal assistance;                                                                                     
15 (6)  records or information compiled for law enforcement purposes, but                                                  
16       only to the extent that the production of the law enforcement records or information                              
17 (A)  could reasonably be expected to interfere with enforcement                                                         
18            proceedings;                                                                                                 
19 (B)  would deprive a person of a right to a fair trial or an                                                            
20            impartial adjudication;                                                                                      
21 (C)  could reasonably be expected to constitute an unwarranted                                                          
22            invasion of the personal privacy of a suspect, defendant, victim, or witness;                                
23 (D)  could reasonably be expected to disclose the identity of a                                                         
24            confidential source;                                                                                         
25 (E)  would disclose confidential techniques and procedures for                                                          
26            law enforcement investigations or prosecutions;                                                              
27 (F)  would disclose guidelines for law enforcement                                                                      
28 investigations or prosecutions if the disclosure could reasonably be expected to                                        
29            risk circumvention of the law; or                                                                            
30 (G)  could reasonably be expected to endanger the life or                                                               
31            physical safety of an individual;                                                                            
01                 (7)  names, addresses, and other information identifying a person as a                                  
02       participant in the Alaska Higher Education Savings Trust under AS 14.40.802 or the                                
03       advance college tuition savings program under AS 14.40.803 - 14.40.817;                                           
04 (8)  public records containing information that would disclose or might                                                 
05 lead to the disclosure of a component in the process used to execute or adopt an                                        
06 electronic signature if the disclosure would or might cause the electronic signature to                                 
07       cease being under the sole control of the person using it;                                                        
08                 (9)  reports submitted under AS 05.25.030 concerning certain                                            
09       collisions, accidents, or other casualties involving boats;                                                       
10 (10)  records or information pertaining to a plan, program, or                                                          
11 procedures for establishing, maintaining, or restoring security in the state, or to a                                   
12 detailed description or evaluation of systems, facilities, or infrastructure in the state,                              
13       but only to the extent that the production of the records or information                                          
14 (A)  could reasonably be expected to interfere with the                                                                 
15            implementation or enforcement of the security plan, program, or procedures;                                  
16 (B)  would disclose confidential guidelines for investigations or                                                       
17 enforcement and the disclosure could reasonably be expected to risk                                                     
18            circumvention of the law; or                                                                                 
19 (C)  could reasonably be expected to endanger the life or                                                               
20 physical safety of an individual or to present a real and substantial risk to the                                       
21            public health and welfare;                                                                                   
22 (11)  the written notification regarding a proposed regulation provided                                                 
23 under AS 24.20.105 to the Department of Law and the affected state agency and                                           
24 communications between the Legislative Affairs Agency, the Department of Law, and                                       
25       the affected state agency under AS 24.20.105;                                                                     
26                 (12)  records that are                                                                                  
27 (A)  proprietary, privileged, or a trade secret in accordance with                                                      
28            AS 43.90.150 or 43.90.220(e);                                                                                
29 (B)  applications that are received under AS 43.90 until notice is                                                      
30            published under AS 43.90.160;                                                                                
31 (13)  information of the Alaska Gasline Development Corporation                                                         
01       created under AS 31.25.010 or a subsidiary of the Alaska Gasline Development                                      
02       Corporation that is confidential by law or under a valid confidentiality agreement;                               
03                 (14)  information under AS 38.05.020(b)(11) that is subject to a                                        
04       confidentiality agreement under AS 38.05.020(b)(12);                                                              
05                 (15)  records relating to proceedings under AS 09.58 (Alaska Medical                                    
06       Assistance False Claim and Reporting Act);                                                                        
07                 (16)  names, addresses, and other information identifying a person as a                                 
08       participant in the Alaska savings program for eligible individuals under AS 06.65;                              
09                 (17)  artists' submissions made in response to an inquiry or                                          
10 solicitation initiated by the Alaska State Council on the Arts under AS 44.27.060.                                    
11    * Sec. 3. AS 44.27.040 is repealed and reenacted to read:                                                            
12 Sec. 44.27.040. Alaska State Council on the Arts. The Alaska State Council                                              
13 on the Arts is created as a public corporation of the state in the Department of                                        
14 Education and Early Development but with separate and independent legal existence.                                      
15       Upon termination of the council, its rights and property pass to the state.                                       
16    * Sec. 4. AS 44.27.041 is amended to read:                                                                           
17 Sec. 44.27.041. Board of trustees [COMPOSITION]. The Alaska State                                                     
18 Council on the Arts shall be governed by a board of trustees consisting                                               
19 [CONSISTS] of 11 members, broadly representative of all fields of the performing,                                       
20 visual, literary, and fine arts, who are widely known for their competence and                                        
21 experience or expertise [INTEREST] in connection with the performing, visual,                                         
22       literary, and fine arts.                                                                                        
23    * Sec. 5. AS 44.27.042 is amended to read:                                                                           
24 Sec. 44.27.042.  Appointment.  The trustees [MEMBERS] are to be                                                       
25 appointed by the governor from among citizens of the state.  In making the                                              
26 appointments, consideration must be given to the recommendations made by                                                
27 representative civic, educational, and professional associations and groups concerned                                   
28 with or engaged in the production or presentation of the performing, visual, literary,                                
29 and fine arts generally.  In making the appointments, consideration must also be given                                
30 to having statewide geographical representation on the board of trustees                                              
31 [COUNCIL].  The trustees [MEMBERS OF THE COUNCIL] serve at the pleasure of                                            
01       the governor, and their appointments are not subject to legislative confirmation.                               
02    * Sec. 6. AS 44.27.043 is amended to read:                                                                           
03            Sec. 44.27.043.  Terms of office.  The term of office of each trustee                                      
04       [MEMBER] is three years. All vacancies are to be filled for the balance of the                                    
05       unexpired term in the same manner as original appointments.                                                       
06    * Sec. 7. AS 44.27.044 is amended to read:                                                                           
07 Sec. 44.27.044. Compensation. The trustees [MEMBERS OF THE                                                            
08 COUNCIL] are not entitled to receive compensation for their services, but they may                                    
09 be reimbursed by the council for actual and necessary travel expenses at the                                          
10 same rate paid to members of state boards under AS 39.20.180 [ARE ENTITLED                                            
11 TO RECEIVE THE SAME TRAVEL PAY AND PER DIEM AS PROVIDED BY                                                              
12       LAW FOR BOARD MEMBERS].                                                                                           
13    * Sec. 8. AS 44.27.045 is amended to read:                                                                           
14 Sec. 44.27.045. Chair [CHAIRMAN] and vice-chair [VICE-CHAIRMAN].                                                    
15 The governor shall designate a chair [CHAIRMAN] and a vice-chair [VICE-                                             
16 CHAIRMAN] from the trustees. The chair and vice-chair [MEMBERS OF THE                                                 
17 COUNCIL TO] serve [AS SUCH] at the pleasure of the governor. The chair                                                
18 [CHAIRMAN] shall be the chief executive officer of the board of trustees                                              
19       [COUNCIL].                                                                                                        
20    * Sec. 9. AS 44.27.050 is amended to read:                                                                           
21 Sec. 44.27.050. Duties of council. The [DUTIES OF THE] council shall                                                  
22       [ARE]                                                                                                             
23 (1)  [TO] stimulate and encourage throughout the state the study and                                                    
24 presentation of the performing, visual, literary, and fine arts and public interest,                                
25       [AND] participation, and investment in the arts;                                                                
26 (2)  conduct research [TO MAKE SURVEYS, WHICH ARE]                                                                    
27 considered advisable on [, OF] public and private institutions engaged in the state in                                
28 artistic and cultural activities, including [BUT NOT LIMITED TO] music, theatre,                                        
29 dance, painting, sculpture, architecture, and allied arts and crafts, and [TO] make                                     
30 recommendations concerning appropriate methods to encourage participation in and                                        
31 appreciation of the arts to meet the legitimate needs and aspirations of persons in all                                 
01       parts of the state;                                                                                               
02                 (3)  [TO] take steps necessary and appropriate to encourage public                                      
03 interest in the cultural heritage of the state and to expand the state's cultural resources;                            
04 (4)  [TO] encourage and assist freedom of artistic expression essential                                                 
05       for the well-being [WELL BEING] of the arts;                                                                    
06                 (5)  [TO] manage the art in public places fund;                                                         
07                 (6)  [TO] administer the provisions of AS 45.65 relating to the                                       
08       identification seal [SEALS] for authentic Alaska Native art created or crafted in the                           
09       state and adopt regulations to carry out those provisions.                                                        
10    * Sec. 10. AS 44.27.052(a) is amended to read:                                                                       
11            (a)  The council may                                                                                         
12                 (1)  hold public and private hearings;                                                                  
13 (2)  enter into contracts, within the limit of funds available, with                                                    
14 individuals, organizations, and institutions for services furthering the strategic                                    
15       [EDUCATIONAL] objectives of the council's programs;                                                               
16 (3)  enter into contracts, within the limit of funds available, with local                                              
17 and regional associations for cooperative endeavors furthering the strategic                                          
18       [EDUCATIONAL] objectives of the council's programs;                                                               
19 (4)  accept gifts, contributions, and bequests of unrestricted funds from                                               
20 individuals, foundations, corporations, and other organizations or institutions for the                                 
21 purpose of furthering the strategic [EDUCATIONAL] objectives of the council's                                         
22       programs;                                                                                                         
23 (5)  make and sign agreements and do and perform any acts necessary                                                     
24       to carry out the purposes of AS 44.27.040 - 44.27.060; and                                                        
25 (6)  adopt regulations under AS 44.62 (Administrative Procedure Act)                                                    
26       to carry out the provisions of AS 44.27.040 - 44.27.060.                                                          
27    * Sec. 11. AS 44.27.054 is amended to read:                                                                          
28 Sec. 44.27.054. Powers of chair [CHAIRMAN]. Subject to available                                                      
29 appropriations, the chair [CHAIRMAN] may, with the concurrence of a majority of                                     
30       the trustees,                                                                                                   
31 (1)  [COUNCIL,] employ necessary personnel; the personnel                                                           
01       employed by the council are exempt from AS 39.25 (State Personnel Act); and                                     
02                 (2)  [MAY] contract for the services of experts and other persons who                                 
03       may be needed.                                                                                                    
04    * Sec. 12. AS 44.27 is amended by adding a new section to read:                                                      
05 Sec. 44.27.055. Administration of affairs. (a) The board of trustees shall                                              
06 manage the assets and exercise the authority of the council and may adopt, amend, and                                   
07 repeal bylaws and regulations governing the manner in which the business of the                                         
08       council is conducted and the manner in which the council's powers are exercised.                                  
09            (b)  The board of trustees shall employ an executive director who is not a                                   
10 member of the board of trustees to supervise administration of the council. The                                         
11       executive director serves at the pleasure of the board of trustees.                                               
12 (c)  The council is exempt from AS 36.30 (State Procurement Code). The                                                  
13 board of trustees shall adopt and publish procedures to govern procurement of                                           
14 supplies, services, professional services, and construction. The procurement                                            
15 procedures must include the preferences of an Alaska bidder and an Alaska veteran                                       
16       that are consistent with the preferences in AS 36.30.321.                                                         
17 (d)  The operating budget of the council is subject to AS 37.07 (Executive                                              
18       Budget Act).                                                                                                      
19    * Sec. 13. AS 44.27.058 is amended to read:                                                                          
20 Sec. 44.27.058. National endowment funds. The council is the official                                                   
21 agency of this state to receive and disburse funds made available by the National                                       
22 Endowment for the Arts and shall comply with the requirements of 20 U.S.C. 951 -                                      
23 960 (National Foundation on the Arts and the Humanities Act of 1965), as                                              
24       amended, in the receipt and disbursement of the funds.                                                          
25    * Sec. 14. AS 44.27.060 is amended by adding new subsections to read:                                                
26 (e)  Except as provided in (f) and (g) of this section, an artist's submission                                          
27 made in response to an inquiry or solicitation initiated by the council under this                                      
28 section is confidential and not subject to public inspection or disclosure under                                        
29       AS 40.25.100 - 40.25.295 (Alaska Public Records Act).                                                             
30 (f)  If the council awards a commission for an artist's submission that is                                              
31 confidential under (e) of this section, the submission is no longer confidential and the                                
01       council shall disclose the submission to any person who requests the disclosure. If the                           
02       council does not award a commission for the submission, the council shall notify the                              
03       artist and return the submission at the artist's request.                                                         
04            (g)  The provisions of (e) and (f) of this section do not apply to an artist's                               
05       submission if the council finds that the artist                                                                   
06                 (1)  created the submission as a work made for hire, as that term is                                    
07       defined in 17 U.S.C. 101; or                                                                                      
08                 (2)  has transferred the artist's copyright for the work under 17 U.S.C.                                
09       204.                                                                                                              
10    * Sec. 15. AS 44.27 is amended by adding a new section to read:                                                      
11            Sec. 44.27.090. Definitions. In this chapter,                                                                
12 (1)  "board of trustees" means the board of trustees of the Alaska State                                                
13       Council on the Arts;                                                                                              
14                 (2)  "council" means the Alaska State Council on the Arts.                                              
15    * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to                           
16 read:                                                                                                                   
17 ALASKA STATE COUNCIL ON THE ARTS; TRANSITION. (a) A person who is a                                                     
18 member of the Alaska State Council on the Arts on the day before the effective date of this                             
19 Act is a member of the board of trustees of the Alaska State Council on the Arts on the                                 
20 effective date of this Act and may continue to serve the remainder of the member's term or                              
21 until removed by the governor.                                                                                          
22 (b)  A person who is employed by the Alaska State Council on the Arts on the day                                        
23 before the effective date of this Act becomes an employee of the Alaska State Council on the                            
24 Arts public corporation under AS 44.27.040, added by sec. 3 of this Act, on the effective date                          
25 of this Act.                                                                                                            
26 (c)  Regulations adopted under authority of a law amended by this Act remain in effect                                  
27 until revoked, vacated, or otherwise modified under the provisions of this Act. Contracts,                              
28 rights, liabilities, and obligations created by or under a law amended by this Act remain in                            
29 effect notwithstanding this Act's taking effect.                                                                        
30 (d)  The Alaska State Council on the Arts public corporation under AS 44.27.040,                                        
31 added by sec. 3 of this Act, shall retain records, equipment, appropriations, and other property                        
01 of the Alaska State Council on the Arts.                                                                                
02    * Sec. 17. This Act takes effect July 1, 2017.                                                                       
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