AS Title 44, Chapter 27: Department of Education and Early Development

Article 1. State Board of Education and Early Development and Department of Education and Early Development. Chapter 27. Department of Education and Early Development. Sec. 44.27.010. Board and commissioner of education and early development. There is at the head of the Department of Education and Early Development a Board of Education and Early Development. The commissioner of education and early development is the principal executive officer of the department. Sec. 44.27.020. Duties of department. The Department of Education and Early Development shall (1) administer the state's program of education at the elementary, secondary, and adult levels, including, but not limited to, programs of vocational education and training, library services, and correspondence courses, but not including degree programs of postsecondary education; (2) administer the historical library; and (3) plan, finance, and operate related school and educational activities and facilities; (4) [Repealed, E.O. No. 108, § 88 (2003).] Article 2. Alaska State Council on the Arts. Sec. 44.27.040. Alaska State Council on the Arts. The Alaska State Council on the Arts is created as a public corporation of the state in the Department of Education and Early Development but with separate and independent legal existence. Upon termination of the council, its rights and property pass to the state. Sec. 44.27.041. Board of trustees. The Alaska State Council on the Arts shall be governed by a board of trustees consisting of 11 members, broadly representative of all fields of the performing, visual, literary, and fine arts, who are widely known for their competence and experience or expertise in connection with the performing, visual, literary, and fine arts. Sec. 44.27.042. Appointment. The trustees are to be appointed by the governor from among citizens of the state. In making the appointments, consideration must be given to the recommendations made by representative civic, educational, and professional associations and groups concerned with or engaged in the production or presentation of the performing, visual, literary, and fine arts generally. In making the appointments, consideration must also be given to having statewide geographical representation on the board of trustees. The trustees serve at the pleasure of the governor, and their appointments are not subject to legislative confirmation. Sec. 44.27.043. Terms of office. The term of office of each trustee is three years. All vacancies are to be filled for the balance of the unexpired term in the same manner as original appointments. Sec. 44.27.044. Compensation. The trustees are not entitled to receive compensation for their services, but they may be reimbursed by the council for actual and necessary travel expenses at the same rate paid to members of state boards under AS 39.20.180 . Sec. 44.27.045. Chair and vice-chair. The governor shall designate a chair and a vice-chair from the trustees. The chair and vice-chair serve at the pleasure of the governor. The chair shall be the chief executive officer of the board of trustees. Sec. 44.27.050. Duties of council. The council shall (1) stimulate and encourage throughout the state the study and presentation of the performing, visual, literary, and fine arts and public interest, participation, and investment in the arts; (2) conduct research considered advisable on public and private institutions engaged in the state in artistic and cultural activities, including music, theatre, dance, painting, sculpture, architecture, and allied arts and crafts, and make recommendations concerning appropriate methods to encourage participation in and appreciation of the arts to meet the legitimate needs and aspirations of persons in all parts of the state; (3) take steps necessary and appropriate to encourage public interest in the cultural heritage of the state and to expand the state's cultural resources; (4) encourage and assist freedom of artistic expression essential for the well-being of the arts; (5) manage the art in public places fund; (6) administer the provisions of AS 45.65 relating to the identification seal for authentic Alaska Native art created or crafted in the state and adopt regulations to carry out those provisions; (7) manage and adopt policies and procedures for the relocation, disposition, and exchange of works of art acquired under AS 35.27 or with money from the art in public places fund; (8) manage the Alaska arts and cultural investment fund. Sec. 44.27.052. Powers of council. (a) The council may (1) hold public and private hearings; (2) enter into contracts, within the limit of funds available, with individuals, organizations, and institutions for services furthering the strategic objectives of the council's programs; (3) enter into contracts, within the limit of funds available, with local and regional associations for cooperative endeavors furthering the strategic objectives of the council's programs; (4) accept gifts, contributions, and bequests of unrestricted funds from individuals, foundations, corporations, and other organizations or institutions for the purpose of furthering the strategic objectives of the council's programs; (5) make and sign agreements and do and perform any acts necessary to carry out the purposes of AS 44.27.040 — 44.27.060; and (6) adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out the provisions of AS 44.27.040 — 44.27.060. (b) The council may request and is entitled to receive from any department, division, board, bureau, commission, or agency of the state the assistance and data that will enable it properly to carry out its powers and duties. The council is authorized to receive state funds made available for its purposes. Sec. 44.27.053. Legal counsel. (a) The attorney general is the legal counsel for the council. The attorney general shall advise the council in legal matters arising in the discharge of the council's duties and represent the council in suits to which the council is a party. (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. Sec. 44.27.054. Powers of chair. Subject to available appropriations, the chair may, with the concurrence of a majority of the trustees, (1) employ necessary personnel; the personnel employed by the council are exempt from AS 39.25 (State Personnel Act); and (2) contract for the services of experts and other persons who may be needed. Sec. 44.27.055. Administration of affairs. (a) The board of trustees shall manage the assets and exercise the authority of the council and may adopt, amend, and repeal bylaws and regulations governing the manner in which the business of the council is conducted and the manner in which the council's powers are exercised. (b) The board of trustees shall employ an executive director who is not a member of the board of trustees to supervise administration of the council. The executive director serves at the pleasure of the board of trustees. (c) The council is exempt from AS 36.30 (State Procurement Code). The board of trustees shall adopt and publish procedures to govern procurement of supplies, services, professional services, and construction. The procurement procedures must include the preferences of an Alaska bidder and an Alaska veteran that are consistent with the preferences in AS 36.30.321 . (d) The operating budget of the council is subject to AS 37.07 (Executive Budget Act). Sec. 44.27.056. Reports. The council shall report to the governor from time to time. The council shall notify the legislature when its reports are available. Sec. 44.27.058. National endowment funds. The council is the official agency of this state to receive and disburse funds made available by the National Endowment for the Arts and shall comply with the requirements of 20 U.S.C. 951 — 960 (National Foundation on the Arts and the Humanities Act of 1965), as amended, in the receipt and disbursement of the funds. Sec. 44.27.059. Alaska arts and cultural investment fund. (a) The Alaska arts and cultural investment fund is created in the general fund. The fund consists of money appropriated to the fund by the legislature, including donations, money from other sources, and interest earned on money in the fund. Appropriations to the fund do not lapse. (b) The council shall administer the fund in accordance with the provisions of this chapter. The council may spend money appropriated to the fund to carry out the purposes of this chapter and to pay the costs of administering the fund without further appropriation. Sec. 44.27.060. Art in public places fund. (a) The art in public places fund is established. The council shall manage the fund. (b) The commissioner of a department responsible for the design and construction of a building or facility shall deposit into the art in public places fund one percent of the construction cost of a building or facility if the building or facility is exempt from the requirements of AS 35.27 and the exemption is because (1) the estimated construction cost of the building or facility is less than $250,000; or (2) the building or facility is not designed for substantial public use. (c) The council may use the money in the art in public places fund (1) to commission or purchase a work of art that is to be made a permanent part of, or placed on loan in, a building or facility owned or leased by the state that has substantial public use; and (2) to meet expenses for a commissioned work of art for a building or facility that has substantial public use if the cost of the work of art exceeds the amount reserved under AS 35.27.020 (c). (d) In (c) of this section, “building” or “facility” means (1) a building or facility of the state, as defined by AS 35.27.030 , that is designed for and that is subject to substantial public use; and (2) a building or facility that is leased by the state and subject to substantial public use. (e) Except as provided in (f) and (g) of this section, an artist's submission made in response to an inquiry or solicitation initiated by the council under this section is confidential and not subject to public inspection or disclosure under AS 40.25.100 — 40.25.295 (Alaska Public Records Act). (f) If the council awards a commission for an artist's submission that is confidential under (e) of this section, the submission is no longer confidential and the council shall disclose the submission to any person who requests the disclosure. If the council does not award a commission for the submission, the council shall notify the artist and return the submission at the artist's request. (g) The provisions of (e) and (f) of this section do not apply to an artist's submission if the council finds that the artist (1) created the submission as a work made for hire, as that term is defined in 17 U.S.C. 101; or (2) has transferred the artist's copyright for the work under 17 U.S.C. 204. Secs. 44.27.061 — 44.27.076. Alaska Historical Commission. [Repealed, E.O. No. 63, § 3 (1987). For current law, see AS 41.35.300 — AS 41.35.375 .] Sec. 44.27.080. Competition for the design of the special request plate celebrating the arts. (a) The council may hold a competition every four years to select a design for the vehicle registration plate celebrating the arts under AS 28.10.161 (b)(1)(C). If the council holds a competition, the council shall select a panel of judges to judge the submissions for the contest and shall include the previous design winner on the panel. The panel shall select the top submissions, and the council shall conduct a public vote to determine the winner of the competition. The council shall use the winning design when consulting with the commissioner of administration under AS 28.10.161 (b)(1)(C). (b) [Repealed, § 8 ch. 70, SLA 2018.] (c) The council may, in consultation with the Department of Administration, recommend an amount to be appropriated from the annual estimated balance in the account under AS 28.10.421 (a)(3) to pay an artist for a winning design. Sec. 44.27.090. Definitions. In this chapter, (1) “board of trustees” means the board of trustees of the Alaska State Council on the Arts; (2) “council” means the Alaska State Council on the Arts.